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companying lists of statutes to be repealed."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with lists of statutes to be repealed, in the event of the adoption by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 <?ourt of
quarter sessions may authorize the transfer of any cemetery to the
authorities of any borough in which such cemetery may be located
or be adjacent thereto.
Section 7. Such transfer shall be made without cost to the borough,
and upon being made the borough authorities shall exercise the
powers and privileges of such incorporated company, and may pur-
chase lands within or beyond the borough limits, not to exceed thirty
acres, for the extension of such cemetery, and may raise the means
to pay for the same, by the sale of lots or otherwise but in no event
by taxation; they may lay out lots so purchased and alter the origi-
nal plot of such cemetery, and may dispose of such grounds in the
same manner as such incorporated company could have done.
Section 8. A deed for any lot, made by the burgess, shall be of
the same validity as the deed of such incorporated cemetery com-
pany; and the burgess is authorized to make deeds to those who
theretofore purchased lots, but have not been furnished with deeds
by the cemetery company.
Section 0. In altering the plot of any such cemetery, the bodies
may be removed and reinterred in a suitable place, but without cost
to surviving relatives or friends.
Section 10. Whenever any burial ground, in charge of any religious
society or church, or in charge of no one, has ceased to be used for
interments, or has become so neglected as to become a public nui-
sance, or when such cemetery hinders the improvements and progres-
sive interests of any borough, or is desired by the borough for any
118
free public library building; or for any other public purpose, the
court of quarter sessions of the county, upon petition of the managers
of such cemetery, or upon the petition of fifty residents in the vicin-
ity, in case such cemetery is not in charge of anyone, setting forth
that the improvements and progressive interests of such borough are
hampered and the welfare of such borough is injured; or upon the
petition of such borough, setting forth that such cemetery is desired
by the borough for the erection thereon of a free public library build-
ing or for any other public purpose; and after three weeks of adver-
tisement, may direct the removal of the remains of the dead from
such burial ground.
Section 11. No application, as provided in the preceding section,
shall be made by the managers of any cemetery, in charge of any
society or church, except in pursuance of the wishes of a majority of
the members of such society or church, expressed at a meeting held for
that purpose, after two weeks' public notice.
Section 12. Such removal shall be made by the managers of such
cemetery, or by the borough when such cemetery is in charge of no
one, in a careful manner at the expense of the party making such re-
moval, to such other burial ground as may be selected; or, if so de-
sired by relatives or friends, to some cemetery in the immediate
vicinity.
Section 13. The parties making such removal shall publish, for
two successive weeks in two daily or weekly newspapers of the bor-
ough or county, a notice declaring their intention to remove such
remains.
Section 14. Relatives and friends of such dead may remove such
remains, at any time during such proceedings, at their own expense
before removal by the managers.
Section 15. All bodies, when so removed, shall be placed in sepa-
rate caskets and graves, and the markers placed by the remains of
such bodies shall be taken, by the persons authorized to make such
removal, and placed as near as can be in the same relative position
as before removal.
119
CHAPTER XII.
ENFORCEMENT OF ORDINANCES ACTIONS BY AND
AGAINST BOROUGHS.
ARTICLE I.
ENFORCEMENT OF ORDINANCES.
Section 1. Fines and penalties made payable by this act, or im-
posed under the ordinances of any borough, shall be recoverable be-
fore any justice of the peace of the borough in the same manner as
debts not exceeding three hundred dollars are recoverable, and when
so recovered shall be forthwith paid to the treasurer of the borough.
Section 2. Policemen of the several boroughs may, without war-
rant and upon view, arrest and commit for hearing, any person guilty
of a breach of the peace, vagrancy, riotous or disorderly conduct or
drunkenness, or that may be engaged in the commission of any un-
lawful act tending to imperil the personal security or endanger the
property of citizens, or violating any of the ordinances of such bor-
ough for the violation of which a penalty is imposed. Persons so
arrested shall be entitled to give bail for their appearance according
to the practice in cases of summary convictions.
Section 3. All proceedings for the violation of borough ordinances
and for the collection of fines and penalties imposed thereby, may be
commenced by warrant or by summons at the discretion of the bur-
gess or justice of the peace before whom the proceedings are com-
menced, but no warrant shall be issued except on oath or affirmation,
specifying the ordinance for the violation of which the same is
k.T.ied, and all process may be directed to and be served by any police-
man of the borough, who may execute the same anywhere within the
Commonwealth.
Section 4. Warrants shall be returnable forthwith, and upon such
return, like proceedings shall be had as in cases of summary con-
viction, with the same right of appeal from any final judgment.
Section 5. When any person is arrested on view, a complaint, on
oath or affirmation, shall be immediately made, whereupon like pro-
ceedings shall be had as provided in the preceding section.
Section 6. Any person arrested for the violation of a borough or-
dinance may be committed to the borough lock-up, pending a hearing
or trial, but in case there is no suitable lock-up in which to detain
prisoners, the person arrested may be committed to the county
jail.
120
Section 7. Upon judgment against any person by summary con-
viction, or by proceedings by summons, on default of the payment of
the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the borough lock-up for a period not
exceeding five days, or to the county jail for a period not exceeding
thirty days.
Section 8. No fine or penalty shall exceed one hundred dollars
for any single violation of any ordinance. In case the defendant has
goods or property of any kind whatsoever, out of which the judgment
and costs can be collected by execution or other process, the plaintiff
in the action may elect to collect the judgment and costs by such
proceedings.
Section 9. When any person shall have been arrested by authority
of the burgess or justice of the peace of any borough, charged with
being a vagrant or tramp, and having refused to pay the fine imposed
for such offense, the burgess or justice of the peace, shall have author-
ity to commit such person to the lock-up in such borough, for a term
not exceeding five days, or compel such person to work upon the public
works or streets of the borough, for a period of time not exceeding
one day for each dollar of fine imposed.
Section 10. Any such defendant, as provided in the preceding
section, may appeal to the court of quarter sessions, upon entering
into recognizance, with at least one surety in double the amount of
the fine and costs, for his appearance in court, and the offence shall
be prosecuted in court as in the case of misdemeanors.
Section 11. When a prisoner shall be committed to any county jail
or prison, either for the non-payment of a fine or penalty imposed for
the violation of any borough ordinance, or while awaiting a hearing
upon any charge for the violation of any borough ordinance, the costs
of the proceedings and the expenses of maintaining such prisoner
during his confinement, shall be paid by the borough, and the county
shall not be liable to the sheriff for any maintenance, or to any person
for any costs in such proceedings.
121
CHAPTER XII.
ENFORCEMENT OF ORDINANCES ACTIONS BY AND
AGAINST BOROUGHS.
ARTICLE II.
ACTIONS BY AND AGAINST BOROUGHS.
(a) MUNICIPAL CLAIMS.
Section 1. Boroughs may proceed for the recovery of municipal
claims, by lien or by action of assumpsit ; and jurisdiction is conferred
upon justices of the peace to entertain such actions of assumpsit to
the amount of three hundred dollars.
(b) DEFENCES BY TAXPAYERS.
Section 2. Any taxpayer of any borough may inquire into the
validity of any judgment, or defend the borough in any suit or judg-
ment, upon filing a petition with the court of common pleas of the
county in which such suit is pending or judgment exists, accom-
panied by an affidavit that the taxpayer believes that injustice will
be done to the borough in such suit or judgment. Whenever it is
deemed necessary, the court may order such taxpayer to file a bond
with one or more sureties, to be approved by court, to save harm-
less the borough from all costs that may accrue in such proceeding
subsequent to the filing of such petition.
Section 3. Whenever a judgment is rendered by any justice of the
peace or alderman against any borough, and a right oi; appeal is
given to such borough, and for ten days immediately after the ren-
dition of such judgment the borough officials neglect to perfect an
appeal, any taxpayer of such borough may take an appeal, in behalf
of the borough, from such judgment, to the court of common pleas
of the county, within the time prescribed for the taking of such ap-
peal.
Section 4. In taking the appeal the taxpayer, shall make an affi-
davit, that the same is not taken for the purpose of delay, but because
he verily believes that injustice has been done. The taxpayer shall
pay the costs of the appeal, and enter sufficient bail for the payment
of all costs before the justice of the peace or alderman, and all costs
in the court of common pleas.
Section 5. Upon the filing of such appeal in the court of common
pleas of the county, the taxpayer shall be made a party to the suit
and shall have the right to defend such borough therein.
122
(c) LIABILITY IN BOND TRANSFERS.
Section 6. All certificates of loans issued by a borough, shall
be transferable by the legal owner thereof, without any liability on
the part of the transfer agents of the borough, to recognize or see
to the execution of any trust, whether expressed, implied or con-
structive, to which such loans may be subject, unless such transfer
agents of the borough shall have previously received notice in writing,
signed by or on behalf of the person for whom such loans appear, by
the certificate thereof, to be held in trust, that the proposed transfer
.would be a violation of such trust.
CHAPTER XIII.
ACTS OF ASSEMBLY REPEALED.
ARTICLE I.
Section 1.
(a) THE FOLLOWING ACTS AND PARTS OF ACTS OF AS-
SEMBLY ARE ABSOLUTELY REPEALED. VIZ:
Sections one, two, three, four, six, seven, ten, eleven, fourteen and
sixteen of an act entitled u An act to provide for the incorporation
of boroughs," approved the first day of April, one thousand eight
hundred thirty -four (P. L. 163).
Sections one, four, five, seven, eight, nine, ten, eleven, thirteen,
eighteen, nineteen, twenty, twenty-one, twenty-two, rtwenty-thTee).
twenty-four, twenty-five, twenty-seven, twenty-eight, twenty-nine,
thirty, thirty-one, thirty-two, and thiry-three of an act entitled "An
act regulating boroughs," approved the third day of April, one thou-
sand eight hundred fifty-one (P. L. 320).
An act entitled "A supplement to the act regulating boroughs,
approved April third, one thousand eight hundred fifty-one," ap-
proved the twenty-second day of April, one thousand eight hundred
fifty-six (P. L. 525).
An act entitled "A supplement to an act entitled 'An act to pro-
vide for the incorporation of boroughs,' approved the first day of
April, Anno Domini one thousand eight hundred thirty-four," ap-
proved the first day of April, one thousand eight hundred sixty- three
(P. L. 200).
123
An act, entitled "An act to authorize the councils of cities and
boroughs in this Commonwealth to provide for the inspection of
milk," approved the twentieth day of April, one thousand eight hun-
dred and sixty -nine (P. L. 81).
An act entitled "An act for the further regulation of boroughs,"
approved the second day of June, one thousand eight hundred seventy-
one (P. L. 283).
An act entitled "An act repealing the third section of the act,
approved June second, one thousand eight hundred and seventy-one,
entitled 'An act for the further regulation of boroughs,' " approved
the twenty-eighth day of March, one thousand eight hundred seventy-'
three (P. L. 53).
An act entitled "An act to prescribe the manner by which the
courts may divide boroughs into wards," approved the fourteenth
day of May, one thousand eight hundred seventy -four (P. L. 159).
An act entitled "An act relative to burial grounds and cemeteries,
situate in incorporated boroughs," approved the nineteenth day of
May, one thousand eight hundred seventy -four (P. L. 208).
An act entitled "An act to regulate the extension of borough lim-
its when the territory to be annexed is situate in two or more coun-
ties," approved the eighth day of June, one thousand eight hundred
seventy-four (P. L. 281).
An act entitled "An act empowering the councils in the boroughs
of this Commonwealth, to prescribe by ordinance the salary to be
paid out of the borough treasury to the burgess, respectively, in
lieu of all fees, fines and costs, the manner in which salaries shall
be paid, and directing all fees, fines and costs to be paid into the
borough treasury," approved the thirteenth day of April, one thou-
sand eight hundred seventy-six (P. L. 27).
An act entitled "An act supplementary to an act, entitled 'An act
relative to burial grounds and cemeteries situated in incorporated
boroughs,' approved the nineteenth day of May, eighteen hundred
and seventy-four, changing the title of the said act, and authorizing
the court to make orders and decrees required by the act, and to en-
force the same by process," approved the thirteenth day of May, one
thousand eight hundred seventy-six (P. L. 159).
An act entitled "An act providing for the filling of a vacancy or
vacancies in the office of council or other borough offices in the sev-
eral boroughs of this Commonwealth," approved the twenty-fourth
day of March, one thousand eight hundred seventy-seven (P. L. 36).
An act entitled "A supplement to an act, entitled 'An act to pre-
scribe the manner by which the courts may divide boroughs into
wards,' approved the fourteenth day of May, Anno Domini eighteen
hundred and seventy-four," approved the twenty-fourth day of March,
one thousand eight hundred seventy-seven (P. L. 47).
124
Sections one, two, three and four of an act, entitled "An act to
provide through the courts of this Commonwealth for the erection of
boroughs out of territory now included in cities of the third class
that have been formed by joining together two or more boroughs,"
approved the eighteenth day of April, one thousand eight hundred
seventy-seven (P. L. 55).
Sections four and five of an act entitled "A supplement to an act,
entitled 'An act to prescribe the manner in which the courts may
divide boroughs into wards,' approved the fourteenth day of May,
Anno Domini one thousand eight hundred and seventy-four," ap-
proved the tenth day of May, one thousand eight hundred seventy-
, eight (P. L. 51).
An at entitled "An act authorizing boroughs having charge of
water works, where the rates for water are fixed by law, to change
the same," approved the twenty-fourth day of May, one thousand
eight hundred seventy-eight (P. L. 118).
An act entitled "An act to provide for appointing viewers to as-
sess damages where streets and alleys are changed in grades or loca-
tion, in the several boroughs of this Commonwealth," approved the
twenty-fourth day of May, one thousand eight hundred seventy-eight
(P. L. 129).
An act entitled "An act providing for the adjustment of all in-
debtedness between a township and one or more boroughs erected
therefrom, also providing for the adjustment of the indebtedness of
a township changed or merged into one or more boroughs," approved
the twelfth day of June, one thousand eight hundred seventy-eight
(P. L. 184).
An at entitled "A supplement to an act for the regulation of bor-
oughs, approved the third day of April, Anno Domini one thousand
eight hundred and fifty-one," approved the eleventh day of June,
one thousand eight hundred seventy-nine (P. L. 150).
An act entitled "A further supplement to the act approved the
fourteenth day of May, Anno Domini one thousand eight hundred
and seventy-four, entitled 'An act to prescribe the manner in which
the courts may divide boroughs into wards, and to provide for a ward
representation upon school boards, in said boroughs,' " approved the
sixteenth day of February, one thousand eight hundred eighty-three
(P. L. 5).
An act entitled "An act to amend the first section of an act, ap-
proved the llth day of June, one thousand eight hundred and seventy-
nine, entitled 'A supplement to an act for the regulation of boroughs,
approved the third day of April, Anno Domini one thousand eight
hundred and fifty-one,' so as to include all incorporated boroughs,"
approved the seventeenth day of May, one thousand eight hundred
eighty-three (P. L. 36).
125
An act entitled "A supplement to an act, entitled 'An act regulat-
ing boroughs/ approved, the third day of April, Anno Domini one
thousand eight hundred and fifty-one, and empowering the corpor-
ate authorities of boroughs to lay foot walks along turnpike roads,
and assess the cost of paving, curbing and guttering the same on the
owners of the adjoining lands," approved the twenty-second day of
May, one thousand eight hundred eighty- three (P. L. 39).
An act entitled "An act to repeal part of section seventeen of an
act, entitled 'An act regulating boroughs,' approved April three,
Anno Domini one thousand eight hundred and fifty-one, and pro-
viding the manner of electing members of town councils in the bor-
oughs of this Commonwealth, and of filling vacancies therein," ap-.
proved the first day of June, one thousand eight hundred eighty-three
(P. L. 54).
An act entitled a An act to provide for changing the dividing lines
between adjoining boroughs, where said lines separate the property
of the same owner into two or more parts," approved the thirteenth
day of June, one thousand eight hundred eighty-three (P. L. 98).
An act entitled "An act fixing the date of the commencement of
terms of borough officers and auditors' settlements," approved the
thirteenth day of June, one thousand eight hundred eighty-three (P.
L. 121).
An act entitled "A further supplement to an act regulating bor-
oughs, approved the third day of April, Anno Domini one thousand
eight hundred and fifty-one," approved the third day of June, one
thousand eight hundred eighty-five (P. L. 55).
An act entitled "An act authorizing boroughs to supply, and to
make contracts for, supplying water outside the limits of said bor-
oughs," approved the tenth day of June, one thousand eight hundred
eighty-five (P. L. 81).
An act entitled "An act relating to elections in boroughs to de-
termine the expediency of constructing water works in certain cases,"
approved the twenty-fourth day of June, one thousand eight hun-
dred eighty-five (P. L. 163).
An act entitled "An act authorizing the councils of the boroughs
of this Commonwealth to regulate and fix the amount of license to
be paid, by persons or firms engaged in the business of auctioneering,
within the limits of the same," approved the seventh day of May, one
thousand eight hundred eighty-seven (P. L. 93).
An act entitled "An act authorizing the burgess, alderman or jus-
tice of the peace in any borough to commit to the lockup or station
house of said borough, in certain cases," approved the eighteenth day
of May, one thousand eight hundred eighty-seven (P. L. 122).
126
An act entitled "An act extending the authority and jurisdiction
of justices of the peace to the several burgesses of this Common-
wealth," approved the nineteenth day of May, one thousand eight
hundred eighty-seven (P. L. 133).
An act entitled "An act appropriating the tax on dogs to the sup-
port of public libraries in boroughs," approved the twenty-third
day of May, one thousand eight hundred eighty-seven (P. L. 164).
An act entitled "A further supplement to an act regulating bor-
oughs, approved the third day of April, Anno Domini one thousand
eight hundred and fifty, authorizing the erection and leasing of
wharves, and the collection of wharfage thereon," approved the sev-
enteenth day of April, one thousand eight hunderd eighty-nine (P.
L. 34).
An act entitled "A further supplement to an act, entitled 'An act
regulating boroughs/ approved the third day of April, one thousand
eight hundred and fifty-one, authorizing the corporate authorities
to levy and collect a license tax on hacks, carriages and other vehicles
carrying persons or property for pay," approved the twenty-second
day of April, one thousand eight hundred eighty -nine (P. L. 39).
An act entitled "An act authorizing the councils of incorporated
boroughs to require the paving, curbing and macadamizing of streets
or thoroughfares, or parts thereof, and assess a portion of the cost
of the same on the owners of property abutting thereon, and provid-
ing for the collection of the same," approved the twenty-third day
of April, one thousand -eight hundred eighty -nine (P. L. 44).
An act entitled "An act providing for appeals from decrees of
courts of quarter sessions incorporating boroughs," approved the
ninth day of May, one thousand eight hundred eighty -nine (P. L.
174).
An Act entitled "An Act to enable boroughs to adopt and construct
sewage systems and to assess and collect the cost thereof," approved
the fifteenth day of May, one thousand eight hundred eighty-nine (P.
L. 220). .
An Act entitled "An Act to provide for the division of boroughs
and the erection of new boroughs," approved the twenty-ninth day of
May, one thousand eight hundred eighty -nine (P. L. 393).
An act entitled "An act to authorize any borough now incorpor-
ated or that may hereafter be incorporated, to manufacture electricity
for commercial purposes, for the use of the inhabitants of said bor-
oughs and for this purpose to erect, purchase or condemn electric-
light plants and apparatus, and making valid the acts of any borough
which has heretofore manufactured the same, or incurred any indebt-
edness thereby, in accordance with the provisions of this act," ap-
proved the twentieth day of May, one thousand eight hundred ninety-
one (P. L. 90).
9H 127
An act entitled "An act to authorize the burgess and council of
all incorporated boroughs to widen and deepen streams and water
courses running through said boroughs, and to erect dykes and em-
bankments along the same, and to empower the burgess and councils
to enter upon private property on and along such streams and water
courses for the purpose of procuring material for such work, and to
provide for the payment of the expense thereof, and the assessment
of damages sustained to private parties thereby," approved the eighth
day of June, one thousand eight hundred ninety-one (P. L. 210).
An Act entitled "An Act to authorize the election of a chief bur-
gess for three years in the several boroughs of this Commonwealth
who shall not be eligible to the office for the next succeeding term,
and providing that such officer shall not be a member of the town
council, giving him the power to veto ordinances, providing for the
election of a presiding officer of councils and abolishing the office of
assistant burgess," approved the twenty-third day of May, one thou-
sand eight hundred ninety-three (P. L. 113).
An Act entitled "An Act authorizng the appointment of policemen
in the boroughs of this Commonwealth, denning their powers and
duties, and providing for their compensation and discharge," ap-
proved the sixth day of June, one thousand eight hundred ninety-
three (P. L. 327).
Sections one, two, three, four, five, six, seven and ten of an Act, en-
titled "An Act to provide for the consolidation of boroughs and the
government and regulation thereof," approved the sixth day of June,
one thousand eight hundred ninety-three (P. L. 335).
An act entitled "An act to designate the number of councilmen
to be elected in the several boroughs of the Commonwealth not divided
into wards, to provide for their election and for the filling of vacan-
cies, and to fix the length of term for which they shall serve," ap-
proved the twenty-second day of May, one thousand eight hundred
ninety-five (P. L. 109).
An Act entitled "An Act authorizing the councils of incorporated
boroughs to change the designations of wards," approved the twenty-
fourth day of June, one thousand eight hundred ninety-five (P. L.
241).
An act entitled "A supplement to an Act approved May twenty-
four, one thousand eight hundred and seventy-eight, entitled 'An Act
to provide for appointing viewers to assess damages where streets
and alleys are changed in grades or location, in the several boroughs
of this Commonwealth,' providing that the viewers therein named
shall be entitled to mileage in addition to their per diem pay," ap-
proved the twenty-fourth day of June, one thousand eight hundred
ninety-five (P. L. 248).
An act entitled "An act to amend an act, entitled 'An act empower-
ing the councils in the boroughs of this Commonwealth, to prescribe
128
by ordinance the salary to be paid out of the borough treasury to the
burgess, respectively, in lieu of all fees, fines and costs, the manner
in which salaries shall be paid, and directing all fees, fines and costs
to be paid into the borough treasury,' approved the thirteenth day
of April, Anno Domini one thousand eight hundred and seventy-six,
extending the provisions of said act to all boroughs in this Common-
wealth, whether incorporated under general or special laws," ap-
proved the twenty-fourth day of June, one thousand eight hundred
ninety-five (P. L. 255).
An act entitled "An act to change the proceedings for the incor-
poration of boroughs in this Commonwealth, providing for the ap-
proval of the application of incorporation by the court, and abolish-
ing that part of the proceeding which requires the laying of the same
before the grand jury and its approval thereof," approved the twenty-
sixth day of June, one thousand eight hundred ninety-five (P. L. 389).
An act entitled "An act providing for the filling of any vacancy
in the office of burgess in the several boroughs of this Common-
wealth," approved the second day of July, one thousand eight hun-
dred ninety-five (P. L. 433).
An act entitled "An act to authorize the courts of quarter sessions
to declare the seats of councilmen in boroughs vacant when they fail
to organize for ten days after the beginning of their term, and to fill
the vacancies so made," approved the twenty-seventh day of March,
one thousand eight hundred ninety-seven (P. L. 8).
An act entitled "An act supplementary to an act, entitled 'An act
regulating boroughs,' approved the third day of April, Anno Domini
one thousand eight hundred and fifty-one, providing for the grading
of streets and highways in boroughs according to the foot-front rule,
and for the assessment and collection of the costs and expenses
thereof," approved the nineteenth day of May, one thousand eight
hundred and ninety-seven (P. L. 79).
An act entitled "An act to authorize boroughs of the Common-
wealth of Pennsylvania to make appropriations for the establishment
and maintenance of free public libraries," approved the twenty-fifth
day of May, one thousand eight hundred ninety-seven (P. L. 84).
An act entitled "An act empowering boroughs of this Common-
wealth, without petition of property owners, to grade, pave, curb,
macadamize and otherwise improve public streets, or parts thereof,
when said streets or parts thereof do not exceed five hundred feet
in length and connect two streets theretofore paved and improved,
and providing for the payment and collection of the costs, damages
and expenses thereof," approved the thirty-first day of May, one
thousand eight hundred ninety-seven (P. L. 114).
An act entitled "An act amending sub-division eight of section
three of an act, entitled 'An act regulating boroughs,' approved the
third day of April, Anno Domini one thousand eight hundred and
J29
fifty-one, and prescribing the notice to be given of any proposition to
fix or change the grade, or the laying out, widening, straightening,
extending or vacating the streets, roads, lanes, or alleys in any bor-
ough in the Commonwealth," approved the twelfth day of July, one
thousand eight hundred ninety-seven (P. L. 246).
An act entitled "An act to amend the thirtieth section of an act,
entitled 'An act regulating boroughs,' approved the third day of
April, Anno Domini one thousand eight hundred and fifty-one, em-
powering the burgess and town council of any borough to annex ad-
jacent lots or out lots, or other tracts of land, on the petition of a ma-
jority of the freehold owners thereof," approved the fifteenth day of
July, one thousand eight hundred ninety-seven (P. L. 296).
An act entitled "An act to amend section thirty-three of an act,
entitled 'An act regulating boroughs,' approved the third day of
April, Anno Domini one thousand eight hundred and fifty-one, so as
to extend the provisions which authorizes boroughs incorporated be-
fore April third, one thousand eight hundred and fifty-one, to be-
come subject to the restrictions and possess the powers and privileges
conferred by said act, to boroughs incorporated since April third, one
thousand eight hundred and fifty-one," approved the sixteenth day
of March, one thousand eight hundred ninety -nine (P. L. 10).
An act entitled "An act to amend the fourth section of an act, en-
titled 'An act for the further regulation of boroughs,' approved the
second day of June, Anno Domini one thousand eight hundred and
seventy-one; specifying the mode of procedure in cases where the
burgess and town council of any borough pass an ordinance annex-
ing adjacent lands of a township, lots or out lots of the same," ap-
proved the sixth day of April, one thousand eight hundred ninety-
nine (P. L. 33).
An act entitled "An act to further amend the thirtieth section of
an act, entitled 'An act regulating boroughs,' approved the third day
of April, Anno Domini one thousand eight hundred and fifty-one, as
amended by an act approved the fifteenth day of July, Anno Domini
one thousand eight hundred and ninety-seven, empowering the bur-
gess and town council of any borough, on petition of a majority of
the freehold owners of lots or outlots, or other tracts of land in any
section lying adjacent to said borough, to annex the section which
such petitioners or others own," approved the twenty-eighth day of
April, one thousand eight hundred ninety-nine (P. L. 115).
An act entitled "An act to amend section one of an act, entitled
'A supplement to the act regulating boroughs/ approved April third,
one thousand eight hundred and fifty-one,' approved the twenty-
second day of April, Anno Domini one thousand eight hundred and
fifty-six, and providing for the opening of sidewalks along lands
130
abutting on turnpike roads,, and ascertaining the benefits and dam-
ages caused thereby," approved the second day of May, one thousand
nine hundred one (P. L. 113).
An act entitled "An act authorizing and empowering councils of
boroughs within this Commonwealth to contract with any incorpor-
ated water company, authorized to do business within such munici-
pality, for a supply of water for fire protection and for other munici-
pal purposes," approved the second day of May, one thousand nine
hundred one (P. L. 137).
An act entitled "An act authorizing boroughs to provide a supply
of water for the use of the public, either by the erection and opera-
tion of water works or by contracts with persons or corporations au-
thorized to supply water within the limits of said boroughs, or by
both methods," approved the third day of May, one thousand nine
hundred one (P. L. 140).
An act entitled "An act relating to connection of property with
public sewers in boroughs," approved the twenty-first day of May,
one thousand nine hundred one (P. L. 265).
An act entitled "An act providing for the service of notice to build
or repair sidewalks in the several boroughs of this Commonwealth,"
approved the twenty -fourth day of May, one thousand nine hundred
one (P. L. 297).
An act entitled "An act authorizing the policemen of the several
boroughs of this Commonwealth to perform the duties of high con-
stable, and regulating compensation for their services," approved the
twenty-fourth day of May, one thousand nine hundred one (P. L.
297).
An act entitled "A further supplement to an act, entitled 'An act
regulating boroughs/ approved the third day of April, Anno Domini
one thousand eight hundred and fifty-one; amending a supplement to
said act, approved the twenty-second day of May, Anno Domini one
thousand eight hundred and eighty-three; and empowering the cor-
porate authorities of boroughs to lay out foot-walks, pavements, gut-
ters, culverts and drains, over and upon lands within the boroughs,
abutting on and along the side or sides of public roads entirely with-
out the borough limits ; and to assess the paving, curbing and gutter-
ing of the same on the Dwners of adjoining lands," approved the
twenty -fourth day of May, one thousand nine hundred one (P. L.
299).
An act entitled "An act amending section thirty-three of an act, en-
titled 'An act to regulate boroughs/ approved third April, one thou-
sand eight hundred and fifty-one; designating who shall make appli-
cation for a borough, previously incorporated, to become subject to
the restrictions and possess the powers and privileges conferred by
said act of one thousand eight hundred and fifty-one" approved the
fourth day of June, one thousand nine hundred one (P. L. 362).
131
An act entitled "An act providing that the president of council in
all boroughs shall exercise the duties of burgess in the absence or dis-
qualification of that official," approved the tenth day of June, one
thousand nine hundred one (P. L. 551).
An act entitled "An act authorizing boroughs of this Common-
wealth to require the planting of shade-trees along the public streets
thereof, by the owners of abutting property, in certain cases," ap-
proved the seventeenth day of June, one thousand nine hundred one
(P. L. 569).
An act entitled "An act authorizing the town councils of the sev-
eral boroughs of this State to pay a portion of the cost and expense
of grading and curbing sidewalks," approved the nineteenth day of
June, one thousand nine hundred one (P. L. 573).
An act entitled "An act authorizing any borough within this Com-
monwealth, on the written request of the Board of Health, to confine
and pave, or completely enclose, any creek, run or natural water way,
other than navigable streams, and for this purpose to enter upon,
condemn and take property and material necessary to such confining
and paving or complete enclosure; and providing for the ascertain-
ment and assessment of costs, damages and expenses, as well as the
levy and collection of benefits, arising therefrom, and constituting
such benefits a lien upon the properties upon which they are respec-
tively assessed," approved the tenth day of July, one thousand nine
hundred one (P. L. 634).
An act entitled "An act to amend the first clause of the second
section, and the third section, of an act, entitled 'An act to provide
for the consolidation of boroughs and the government and regula-
tion thereof,' approved the sixth day of June, Anno Domini one thou-
sand eight hundred and ninety-three, removing any limit upon the
number of wards into which a consolidated borough may be divided,
and defining the laws and ordinances by which a consolidated borough
shall be governed," approved the twenty-sixth day of February, one
thousand nine hundred three (P. L. 6).
An act entitled "An act supplementary to an act, entitled 'An act
to amend an act, entitled "An act to authorize the election of con-
stables for three years," approved the fourteenth day of February,
Anno Domini one thousand eight hundred and eighty-nine, by pro-
viding for the election of a high constable of each of the boroughs of
this Commonwealth, for three years, and by correcting the ambiguity
as to the beginning of the terms of office under said act,' approved the
twenty-sixth day of June, Anno Domini one thousand eight hundred
and ninety-five; making provisions for the filling of vacancies in the
office of high constable in any borough, or in the office of constable in
132
any borough, ward of any borough, or township of this Common-
wealth," approved the eleventh day of March, one thousand nine hun-
dred three (P. L. 22).
An act entitled "An act to provide for the election of councilmen,
in the several boroughs of this Commonwealth, by wards," approved
the thirteenth day of April, one thousand nine hundred three (P. L.
171).
An act entitled "An act authorizing the chief burgesses of the sev-
eral boroughs of this Commonwealth to administer all oaths and af-
firmations in matters pertaining to borough affairs," approved the
twenty- third day of April, one thousand nine hundred three (P. L.
291).
An act entitled "An act authorizing any of the boroughs of this
Commonwealth to pay a salary to the chief burgess thereof," approved
the seventh day of April, one thousand nine hundred five (P. L. 116).
An act entitled "An act to further amend the first clause of the
second section of an act, en-titled 'An act to provide for the consolida-
tion of boroughs, and the government and regulation thereof,' ap-
proved the sixth day of June, Anno Domini one thousand eight hun-
dred and ninety-three; authorizing provisions, in the joint agree-
ment for such consolidation, for the use and disposition of the sepa-
rate assets and the liquidation of the separate debts of such bor-
oughs, and for separate rates of taxation therein for that purpose,"
approved the tenth day of April, one thousand nine hundred five (P.
L. 136).
An act entitled "A supplement to an act, entitled 'An act to pro-
vide for the consolidation of boroughs, and the government and regu-
lation thereof,' approved the sixth day of June, Anno Domini one
thousand eight hundred and ninety-three, as amended by an act ap-
proved the twenty-sixth day of February, Anno Domini one thousand
nine hundred and three, entitled "An act to amend the first clause of
the second section, and the third section, of an act, entitled 'An act
to provide for the consolidation of boroughs, and the government and
regulation thereof/ approved the sixth day of June, Anno Domini
one thousand eight hundred and ninety-three, removing any limit
upon the number of wards into which a consolidated borough may be
divided, and defining the laws and ordinances by which a consoli-
dated borough shall be governed," defining the meaning of said act
as amended, and confirming the consolidation of boroughs partly ly-
ing or situate in different counties, and providing for their govern-
ment and regulation," approved the fourteenth day of April, one
thousand nine hundred five (P. L. 155).
An act entitled "A supplement to an act, entitled 'An act author-
izing the councils of incorporated boroughs to require the paving,
133
curbing and macadamizing of streets or thoroughfares, or parts
thereof, and assess a portion of the cost of the same on the owners
of property, abutting thereon, and providing for the collection of the
same/ approved the twenty-third day of April, Anno Domini one
thousand eight hundred and eighty -nine, pamphlet laws, forty-four;
providing that if the petition for said improvement has been verified
by the affidavit of one or more of the petitioners, notice may be given
of the passage of the ordinance requiring said improvement, and al-
lowing an appeal therefrom, by any person interested, to any court
of common pleas of the county ; and, if such appeal is dismissed, or no
such appeal is taken, then all parties interested shall be estopped
from denying that said petition was signed by the requisite number
of owners, representing the requisite number of feet fronting on the
street to be improved," approved the fourteenth day of April, one
thousand nine hundred five (P. L. 168).
An act entitled "An act to amend the second section of an act, en-
titled 'An act to authorize the election of a chief burgess for three
years in the several boroughs in this Commonwealth, who shall not
be eligible to the office for the next succeeding term, and providing
that such officer shall not be a member of the town council, giving
him the power to veto ordinances, providing for the election of a pre-
siding officer of councils, and abolishing the office of assistant bur-
gess/ approved the twenty-third day of May, Anno Domini one thou-
sand eight hundred and ninety-three ; so as to authorize and empower
the chief burgess to attend meetings of town councils at their annual
organization for the election of such officers as are, by law and bor-
ough ordinances, at that time required to be elected, and who shall
have no vote unless the councils be equally divided, when he shall
cast the deciding vote," approved the eighteenth day of April, one
thousand nine hundred five (P. L. 215).
An act entitled "An act authorizing the councils of incorporated
boroughs to require the subgrading, paving, curbing and macadamiz-
ing of streets or thoroughfares or parts thereof, and assess the cost
of the same on the owners of property abutting thereon, providing
four-fifths of said owners petition councils for same, and providing for
the collection of the cost of same," approved the twentieth day of
April, one thousand nine hundred five (P. L. 232).
An act entitled "An act authorizing boroughs to require the grad^
ing, paving, repaving and repairing of sidewalks, and the construct-
ing and repairing of curbs and gutters at the edge of sidewalks, by
the owner or owners of lots fronting thereon; and providing that, in
case of failure to comply with such requirements, the borough may
cause the work to be done, and collect the cost and charges thereof/-
approved the twentieth day of April, one thousand nine hundred five
(P. L. 235).
134
An act entitled "An act to authorize boroughs of the Common-
wealth of Pennsylvania to contract with the duly constituted man-
agers or owners of existing non-sectarian public libraries, for the free
use of such libraries by the residents of such boroughs, and to make
appropriations for the hiring and procuring of such free use," ap-
proved the twenty-second day of April, one thousand nine hundred
five (P. L. 281).
An act entitled "An act amending an act, entitled 'An act author-
izing any of the boroughs of this Commonwealth to pay a salary to
the chief burgess thereof, (Pamphlet Laws, one thousand nine hun-
dred and five, page one hundred and sixteen), by providing that in
boroughs of over five thousand population, where such salary would
fall below the sum of fifty dollars per month, the borough council,
in its wisdom, may increase said salary to an amount not exceeding
fifty dollars per month," approved the fifteenth day of April, one
thousand nine hundred seven (P. L. 61).
An act entitled "An act to amend the first section of an act, en-
titled 'To enable boroughs to adopt and construct sewerage systems,
and to assess and collect the cost thereof/ approved the fifteenth day
of May, Anno Domini one thousand eight hundred and eighty-nine
(Pamphlet Laws, page two hundred and twenty), by providing for
the construction of sewers without a petition of a majority of prop-
erty owners, and requiring a permit from the Commissioner of
Health," approved the twenty-third day of April, one thousand nine
hundred seven (P. L. 97).
An act entitled "A supplement to the act of April third, eighteen
hundred and fifty-one, entitled 'An act regulating boroughs/ provid-
ing for the election of a borough solicitor, fixing the term of office and
prescribing his duties, and authorizing the town council to fix his
compensation," approved the twenty-fifth day of April, one thousand
nine hundred seven (P. L. 103).
An act entitled "An act to amend section one of an act, entitled
'An act empowering boroughs of this Commonwealth, without peti-
tion of property owners, to grade, pave, curb, macadamize, and other-
wise improve public streets, or parts thereof, when said streets, or
parts thereof, do not exceed five hundred feet in length and connect
two streets theretofore paved and improved, and providing for the
payment and collection of the costs, damages, and expenses thereof/
approved May thirty-first, Anno Domini one thousand eight hundred
and ninety-seven by increasing the length of street so be improved to
one thousand feet/' approved the seventh day of May, one thousand
nine hundred seven (P. L. 168).
An act entitled "An act authorizing the corporate authorities of
boroughs to expend not exceeding one-half of the annual appropria-
135
tion for roads and streets, in curbing and paving or macadamizing
any street, lane, or alley therein," approved the eighth day of May,
one thousand nine hundred seven (P. L. 183).
Section one of an act entitled "An act concerning building regula-
tion and inspection in boroughs," approved the eighth day of May,
one thousand nine hundred seven (P. L. 184).
An act entitled "An act empowering incorporated boroughs to pass
such ordinance as may be necessary to regulate or prevent the erec-
tion of wooden dwelling-houses, shops, warehouses, stores, carriage-
houses, stables, or other frame buildings within the limits of the bor-
ough," approved the twenty-third day of May, one thousand nine hun-
dred seven (P. L. 203).
An act entitled "An act authorizing boroughs to erect and maintain
garbage-furnaces, and pass rules and regulations for the collection,
care, and removal of garbage, and provide penalties for the violation
of the same," approved the twenty-fifth day of May, one thousand
nine hundred seven (P. L. 230).
An act entitled "An act authorizing and empowering the several
boroughs of this Commonwealth to purchase or acquire by condemna-
tion proceedings such real estate, within or without the borough
limits, as may be necessary for present and future use; upon which
to erect, construct, and maintain garbage or incinerating furnaces,
sewage-disposal, works or plants, with the necessary filter-beds, ap-
pliances' drains and sewers, and for the extensions thereof," approved
the first day of April, one thousand nine hundred nine (P. L. 79).
An act entitled "An act empowering the councils of boroughs in
the Commonwealth to fix by ordinance the salary of the burgess of
said boroughs," approved the twenty-third day of April, one thousand
nine hundred nine (P. L. 154).
An act entitled "An act authorizing the burgess and council in any
incorporated borough in this Commonwealth, in which is vested the
title, control, and management of any cemetery or burial-ground, to
transfer said title, control, and management to an incorporated ceme-
tery company, and providing how such transfer shall be effected," ap-
proved the twenty-third day of April, one thousand nine hundred
nine (P. L. 155).
An act entitled "An act fixing the length of the term of borough
treasurers and street commissioners, in boroughs of this Common-
wealth that are elected by the electors at large," approved the sixth
day of May, one thousand nine hundred nine (P. L. 440).
An act entitled "An act amending the first section of an act, ap-
proved the twenty-fourth day of May, Anno Domini one thousand
eight hundred and seventy-eight, entitled 'An act to provide for
appointing viewers to assess damages, where streets and alleys are
changed in grades or location in the several boroughs of this Com-
136
mon wealth,' by fixing the number of the viewers at three," ap-
proved the twenty-seventh day of April, one thousand nine hun-
dred eleven (P. L. 89).
An act entitled "A supplement to an act entitled 'An act au-
thorizing the councils of incorporated boroughs to require the sub-
grading, paving, curbing, and macadamizing of streets or thorough-
fares, or parts thereof, and assess the cost of the same on the own-
ers of property abutting thereon, provided four-fifths of said own-
ers petition councils for same, and providing for the collection of
the cost of same,' approved twentieth day of April, Anno Domini one
thousand nine hundred and five (Pamphlet Laws, two hundred and
thirty-two) ; providing that if the petition for said improvement has
been verified by the affidavit of one or more of the petitioners, no-
tice may be given of the passage of the ordinance requiring said
improvement, and allowing an appeal therefrom by any person in-
terested to any court of common pleas of the county; and if such
appeal is dismissed, or no such appeal is taken, then all parties in-
terested shall be estopped from denying that said petition was
signed by the requisite number of owners, representing the requi-
site number of feet fronting on the street to be improved/ 7 ap-
proved the fifth day of May, one thousand nine hundred eleven (P.
L. 166).
An act entitled " An act authorizing the proper authorities of ad-
joining boroughs to fix and determine the dividing line between said
boroughs, where the location of the same is uncertain, and to change
the dividing line between adjoining boroughs, and providing the
manner of procedure in such cases," approved the fifth day of May,
one thousand nine hundred eleven (P. L. 176).
An act entitled 'An act empowering boroughs of this Common-
wealth, without petition of the property owners, to grade, pave,
curb, macadamize, and otherwise improve public streets, or parts
thereof; and assess a portion of the cost of the same on the owners
of property abutting thereon; and providing for the collection of the
same," approved the twelfth day of May, one thousand nine hun-
K eleven (P. L. 288).
a act entitled "An act making void the surveying or laying out
of certain highways and sewers over private property, in boroughs,
where the work has not been commenced within two years from the
passage of the ordinance," approved the first day of June/ one thou-
sand nine hundred eleven (P. L. 541).
An act entitled "An act authorizing boroughs to lay out, and main-
tain as public parks, land heretofore acquired outside of the bor-
ough limits," approved the first day of June, one thousand nine
Idred eleven (P. L. 544).
137
An act entitled "An act to amend section one of an act, entitled
'An act authorizing the councils of incorporated boroughs to re-
quire the paving, curbing, and macdamizing of streets or thorough-
fares, or parts thereof, and assess a portion of the cost of the same
on the owners of property abutting thereon, and providing for the
collection of the same/ approved April twenty-third, one thousand
eight hundred and eighty-nine, by fixing a different portion of the
cost and expense which may be assessed against abutting property,
where the property on one side of the street or thoroughfares de-
sired to be improved is exempt from assessment/ 7 approved the
eighth day of June, one thousand nine hundred eleven (P. L. 714).
An act entitled "An act to amend section three of an act, entitled
'An act authorizing the appointment of policemen in the boroughs
of this Commonwealth, defining their powers and duties, and pro-
viding for their compensation and discharge/ approved June sixth,
Anno Domini one thousand eight hundred and ninety -three, by regu-
lating 'the control of policemen when on duty," approved the eighth
day of June one thousand nine hundred eleven (P. L. 720).
An act entitled "An act to amend section one of an act, entitled
'An act authorizing the councils of incorporated boroughs to re-
quire the paving, curbing, and macadamizing of streets or thor-
oughfares, or parts thereof, and assess a portion of the costs of the
same on the owners of property abutting thereon, and providing for
the collection of the same/ approved the twenty-third day of April,
Anno Domini one thousand eight hundred and eighty-nine, so as to
change the requirements of the petition for paving from two-thirds
of the owners of property representing not less than two-thirds in
number of feet of the properties fronting or abutting on the street
or thoroughfares, or the part thereof proposed to be paved, to the
owners of property representing not less than two-thirds in number
of feet of the properties fronting or abutting on the street or thor-
oughfares, or the part thereof proposed to be paved; and repealing
all acts or parts of acts inconsistent herewith," approved the thir-
teenth day of June, one thousand nine hundred eleven (P. L. 887).
An act entitled "An act providing for the election of councilmen in
the several boroughs of this Commonwealth, and fixing the time and
manner of the organization of the town councils therein," approved
the nineteenth day of June, one thousand nine hundred eleven (P.
L. 1047).
An act entitled "An act amending the first section of an act, ap-
proved the twenty-second day of April, Anno Domini one thousand
eight hundred and fifty-six, entitled 'A supplement to the act regu-
lating boroughs, approved April third, one thousand eight hundred
and fifty-one/ by fixing the number of the viewers at three," ap-
proved the twentieth day of June, one thousand nine hundred eleven
(P. L. 1085).
138
An act entitled "An act providing for and regulating the purchase
or condemnation of real estate by boroughs, for the purpose of con-
structing wharves, landing-places, and docks," approved the twenty-
first day of June, one thousand nine hundred eleven (P. L. 1099).
An act entitled "An act to provide for the making of a new ordi-
nance book and record of the ordinances of any borough, in which the
ordinance book thereof has become lost, destroyed, or so much worn
or mutilated as to be unserviceable," approved the twenty-first day
of June, one thousand nine hundred eleven (P. L. 1113).
An act entitled "An act to amend section four of an act, approved
the nineteenth day of June, one thousand nine hundred eleven, en-
titled 'An act providing for the election of councilmen in the several
boroughs of this Commonwealth, and fixing the time and manner
of the organization of the town councils therein/ " approved the
twentieth day of May, one thousand nine hundred thirteen (P. L.
268).
An act entitled "An act to amend the first section of an act ap-
proved the twenty-fifth day of April, one thousand nine hundred and
seven (Pamphlet Laws, one hundred three), entitled 'A supplement
to the act of April third, eighteen hundred and fifty -one, entitled
"An act regulating boroughs," providing for the election of a bor-
ough solicitor, fixing the term of office and prescribing his duties,
and authorizing the town council to fix his compensation/ so as to'
include all boroughs, and by changing the length of the term and the
time of the election of borough solicitors, and extending the terms
of the borough solicitors, holding office under the act of April
twenty-fifth, nineteen hundred and seven, and providing for the fur-
nishing of a bond by a trust or bonding company," approved the
fifth day of June, one thousand nine hundred thirteen (P. L. 409).
An act entitled "An act to amend an act, approved the third day
of April, one thousand eight hundred and fifty-one, entitled 'An act
regulating boroughs/ as amended," approved the fifth day of June,
one thousand nine hundred thirteen (P. L. 411).
An act entitled "An act empowering the several boroughs of the
Commonwealth to enact and enforce ordinances prohibiting accumu-
lations of garbage or rubbish upon private properties within their
respective limits," approved the fifth day of June, one thousand nine
hundred thirteen (P. L. 434).
An act entitled "A further supplement to an act, entitled 'An act
to regulate boroughs/ approved the third day of April, one thousand
eight hundred and fifty-one, authorizing the corporate authorities
of any borough to levy and collect a license-tax on hacks, carriages,
omnibuses, and motor-vehicles carrying persons or property for pay;
to regulate the operation and compensation of such vehicles within
139
the limits of any such borough, or between any such borough and
other points or places," approved the fifth day of June, one thou-
sand nine hundred thirteen (P. L. 434).
An act entitled "An act providing for the election of a borough
controller in all boroughs of this Commonwealth; prescribing the
qualifications, powers and duties thereof; and abolishing the office
of borough auditors in said boroughs," approved the twelfth day of
June, one thousand nine hundred thirteen (P. L. 499).
An act entitled "An act to amend section one of an act entitled
'An act to amend section three of an act, entitled "An act authoriz-
ing the appointment of policemen in the boroughs of this Common-
wealth, defining their powers and duties, and providing for their
compensation and discharge," approved June sixth, Anno Domini one
thousand eight hundred and ninety-three, by regulating the control
of policemen when on duty/ approved June eighth, one thousand
nine hundred and eleven," approved the nineteenth day of June,
one thousand nine hundred thirteen (P. L. 538).
An act entitled "An act to amend an act, approved the sixth day
of June, one thousand eight hundred ninety-three, entitled 'An act
to provide for the consolidation of boroughs and the government and
regulation thereof/ as amended," approved the nineteenth day of
June, one thousand nine hundred thirteen (P. L. 540).
(b) THE FOLLOWING ACTS AND PARTS OF ACTS OF AS-
SEMBLY ARE ABSOLUTELY REPEALED EXCEPT IN SO
FAR AS THEY RELATE TO ASSESSORS, CONSTABLES,
ELECTIONS, JUSTICES OF THE PEACE, OVERSEERS OF
THE POOR, SCHOOL DIRECTORS, OR TAXATION, VIZ:-
Sections five, eight, nine, twelve, thirteen and fifteen of an act en-
titled "An act to provide for the incorporation of boroughs," ap-
proved the first day of April, one thousand eight hundred thirty-
four (P. L. 163).
Sections two, three, six, twelve, fourteen, fifteen, sixteen, seven-
teen and twenty-six of an act entitled "An act regulating boroughs,"
approved the third day of April, one thousand eight hundred fifty-
one (P. L. 320).
An act entitled "An act supplementary to an act entitled, 'An act
to prescribe the manner by which the courts may divide boroughs
into wards/ approved the fourteenth day of May, Anno Domini one
thousand eight hundred seventy-four," approved the seventeenth day
of February, one thousand eight hundred seventy-six (P. L. 6).
Section one of an act entitled "A supplement to an act, entitled
'An act to prescribe the manner in which the courts may divide bor-
oughs into wards/ approved the fourteenth day of May, Anno Domini
one thousand eight hundred seventy-four," approved the tenth day
of May, one thousand eight hundred seventy-eight (P. L. 51).
140
Aii act entitled "A further supplement to the act approved the
fourteenth day of May, Anno Domini one thousand eight hundred
seventy-four entitled 'An act to prescribe the manner in which the
courts may divide boroughs into wards,' and to extend the powers
of the courts so that they may, on petition, increase the number of
council men and school directors after decree has been made," ap-
proved the thirteenth day of May, one thousand eight hundred eighty-
nine (P. L. 193).
Section eight of an act, entitled "An act to provide for the con-
solidation of boroughs and. the government and regulation thereof,"
approved the sixth day of June, one thousand eight hundred ninety-
three (P. L. 335).
An act entitled "An act to amend the ninth section of an act, en-
titled 'An act to provide for the consolidation of boroughs and the
government and regulation thereof/ approved June sixth, Anno
Domini one thousand eight hundred ninety-three, so as to allow the
town council of a consolidated borough to select, annually, one
street commissioner," approved the twenty-fifth day of May, one
thousand eight hundred ninety-seven (P. L. 88).
An act entitled "An act relating to boroughs, providing a method
of procedure for violations of law and borough ordinances, and for
collection of the fines and penalties imposed for said violations," ap-
proved the fourth day of June, one thousand eight hundred ninety-
seven (P. L. 121).
An act entitled "An act authorizing the courts of quarter ses-
sions of the peace to decrease the number of members of town
council, and the number of school directors in wards or boroughs,"
approved the ninth day of July, one thousand eight hundred ninety-
seven (P. L. 216).
An act entitled "An act authorizing policemen to hold and exer-
cise the office of constables," approved the twenty-fifth day of April,
one thousand nine hundred five (P. L. 309).
(c) THE FOLLOWING ACTS AND PARTS OF ACTS OF AS-
SEMBLY ARE REPEALED IN SO FAR AS THEY RELATE TO
BOROUGHS, VIZ:
Section thirty-four of an act entitled "An act relating to roads,
highways and bridges," approved the thirteenth day of June, one
thousand eight hundred thirty-six (P. L. 551).
Section one of an act entitled "An act providing for the adjustment
of all indebtedness between an old township, or townships, and a
new township, or borough, erected therefrom," approved the twelfth
day of April, one thousand eight hundred sixty-six (P. L. 109).
An act entitled "An act relating to the assessment of damage for
the appropriation of land for public use," approved the fifteenth
y of June, one thousand eight hundred seventy -one (P. L. 391).
da;
141
An act entitled "An act to authorize and require the auditors to
publish an annual statement of the receipts and expenditures of
road commissioners, supervisors, overseers of the poor, and school
directors of the several townships and boroughs within this Common-
wealth, and to designate a day to audit, settle and adjust town-
ship and borough accounts," approved the twenty-fourth day of
April* one thousand eight hundred seventy-four (P. L. 112).
Sections one, two and three of an act entitled "An act declaring
what offices are incompatible," approved the fifteenth day of May,
one thousand eight hundred seventy -four (P. L. 186)^
An act entitled "An act to facilitate the transfer of stocks and
loans," approved the twenty-third day of May, one thousand eight
hundred seventy-four (P. L. 222).
An act entitled "An act for further regulation of appeals from
assessments of damages to owners of property taken for public
use," approved the thirteenth day of June, one thousand eight hun-
dred seventy-four (P. L. 283).
An act entitled "An act fixing and regulating the terms of all
members of councils and all other city, ward, borough, and township
officers, excepting school directors, elected by the people, and fixing
the time for organization of the legislative departments, of the muni-
cipal governments of the Commonwealth and the inauguration of
the mayors of all the cities of the same," approved the tenth day of
March, one thousand eight hundred seventy-five (P. L. 6).
An act entitled "A supplement to an act, entitled 'An act to author-
ize and require the auditors to publish an annual statement of the
receipts and expenditures of road commissioners, supervisors, over-
seers of the poor and school directors of the several townships and
boroughs within this Commonwealth, and to designate a day to audit,
settle and adjust township and borough accounts,' approved the
twenty-fourth day of April, Anno Domini one thousand eight hun-
dred and seventy -four," approved the thirty-first day of March, one
thousand eight hundred seventy-six (P. L. 12).
An act entitled "A supplement to an act, approved April fourteen,
Anno Domini eighteen hundred and fifty-one, relating to an appeal
from the decision of township auditors," approved the first day of
May, one thousand eight hundred seventy-six (P. L. 88).
An act entitled "An act conferring additional powers upon the
several boroughs and incorporated towns of this Commonwealth,"
approved the fifth day of May, one thousand eight hundred seventy-
six (P. L. 112).
An act entitled "An act to empower any tax payer of any town-
ship, borough, school, poor or other municipal district, upon peti-
tion and affidavit, to become a party to any suit or process pending
against said district," approved the twenty-third day of March, one
thousand eight hundred seventy-seven (P. L. 20).
142
An act entitled "An act to prohibit cities, boroughs and munici-
palities from levying any license or mercantile tax, upon persons
taking orders for goods or merchandise by sample, for individuals
or companies who pay a license or mercantile tax at their chief place
of business, and also to prohibit the collection of such licenses, or
mercantile taxes," approved the seventeenth day of May, one thou-
sand eight hundred eighty- three (P. L. 31).
An act entitled "A supplement to an act, entitled 'An act supple-
mentary to an act relative to burial grounds and cemeteries sit-
uated in incorporated boroughs,' approved the nineteenth day of
May, one thousand eight hundred and seventy-four, changing the
title of said act, and authorizing the court to make orders and de-
crees required by the act, and to enforce the same by process, ap-
proved the thirteenth day of May, eighteen hundred and seventy-six,
further empowering courts to direct removal of remains in boroughs,
cities, and towns from burial grounds where interments have ceased
or have become so neglected as to become a public nuisance, or such
remains interfere with the improvements, extensions, and interests
of such cities, boroughs, or towns," approved the twelfth day of May,
one thousand eight hundred eighty-seven (P. L. 96).
An act entitled "An act to provide for licensing and taxing foreign
dealers in merchandise and their agents in the several cities and
boroughs in the Commonwealth," approved the twenty-fourth day of
May, one thousand eight hundred eighty-seven (P. L. 185).
An act entitled "An act declaring and defining the limits of town-
ships, boroughs and cities bounded by any of the navigable streams
of the Commonwealth," approved the twenty-fourth day of May,
one thousand eight hundred eighty-seven (P. L. 203).
An act entitled "An act to authorize cities and boroughs to con-
demn property and rights inside and outside of their limits, for the
purpose of obtaining and supplying water," approved the twenty-
fifth day of May, one thousand eight hundred eighty -seven (P. L.
267).
An act entitled "A further supplement to an act, approved the
eleventh day of June, Anno Domini one thousand eight hundred and
seventy-nine, entitled 'A supplement to an act for the regulation of
boroughs,' approved the third day of April, one thousand eight hun-
dred and seventy-one, providing for the adjustment of indebtedness
and government of the boroughs, townships and school districts af-
fected by changes of limits of any borough in the Commonwealth,"
approved the first day of June, one thousand eight hundred eighty-
seven (P. L. 285).
Section eleven of an act entitled "An act authorizing the con-
demnation of turnpikes, roads or highways, heretofore or hereafter
constructed, wholly, or in part, in any county of this Common-
10H 143
wealth, for public use, free from tolls and toll-gates, and the assest-
ment, upon the proper county, of the damages to which the owner or
owners thereof may be entitled, by a jury ut' viewers, duly appointed
by the court of quarter sessions of the proper county, and providing
for the maintenance of any such condemned turnpike, road or high-
way by the proper city, township or district," approved the second
day of June, one thousand eight hundred eighty-seven (P. L. 306).
An act entitled "An act to provide for the licensing of transient
retail merchants in cities, boroughs and townships," approved the
fourth day of May, one thousand eight hundred eighty-nine (P. L.
86).
An act entitled "An act fixing the compensation of borough and
township auditors in this Comln on wealth," approved the fourth day
of May, one thousand eight hundred eighty -nine (P. L. 86).
An act entitled "An act relating to unused streets, lanes and al-
leys," approved the ninth day of May, one thousand eight hundred
eighty-nine (P. L. 173).
An act entitled "An act to provide for an appeal by county com-
missioners, cities or other municipalities, and all persons interested
in the damages awarded for laying out, widening, grading, opening
or changing the lines or grades of any public street, road or alley in
this Commonwealth, from the decree of the court of quarter sessions
confirming the report of the viewers assessing such damages," ap-
proved the fifteenth day of April, one thousand eight hundred ninety-
one (P. L. 17).
An act entitled "An act in relation to the laying out, opening,
widening, straightening, extending or vacating streets and alleys,
and the construction of bridges in the several municipalities of this
Commonwealth, the grading paving, macadamizing or otherwise im-
proving streets and alleys, providing for ascertaining the damages to
private property resulting therefrom, the assessment of the damages,
costs and expenses thereof upon the property benefited, and the con-
struction of sewers and payment of the damages, costs and expenses
thereof, including damages to private property resulting therefrom,"
approved the sixteenth day of May, one thousand eight hundred
ninety-one (P. L. 75).
An act entitled "An act to limit the period within which petitions
for the assessment of damages for the opening or widening of any
street, road or highway, may be filed in the court of quarter sessions,"
approved the twenty-third day of May, one thousand eight hundred
ninety-one (P. L. 109).
An act entitled "An act to provide for the security to be entered
by municipal corporations for the taking of land for the opening or
widening of roads, streets and highways." approved the twenty-
third day of May, one thousand eight hundred ninety-one (P. L. 109).
144
An act entitled "An act to provide for an appeal to the court or
common pleas, from the decree of the court of quarter sessions con-
firming any award of viewers in proceedings to assess damages for
the opening, widening or changing of grade of any street, road or
highway," approved the twenty-sixth clay of May, one thousand eight
hundred ninety-one (P. L. 116).
Section one of an act entitled "A supplement to an act, entitled
'An act for future regulations of appeals from assessment of dam-
ages to owners of property taken for public use,' approved the thir-
teenth day of June, one thousand eight hundred and seventy -four,"
approved the second day of June, one thousand eight hundred ninety-
one (P. L. 172).
An act entitled "An act to amend an act, entitled 'An act to pro-
vide for the licensing of transient retail merchants in cities, bor-
oughs and townships,' empowering councils to increase the maximum
license," approved the tenth day of May, one thousand eight hun-
dred eight hundred ninety -three (P. L. 35).
An act entitled "An act to empower boroughs and cities 'to es-
tablish a police pension fund, to take property in trust therefor and
regulating and providing for the regulation of the same," approved
the twenty-fourth day of May, one thousand eight hundred ninety-
three (P. L. 129).
An act entitled "An act to provide for the establishing and ascer-
taining the lines and boundaries between two or more cities, boroughs
or townships, cities and boroughs, townships and boroughs, or cities
and townships, within this Commonwealth, and regulating the pro-
ceedings thereof," approved the third day of June, one thousand
eight hundred ninety-three (P. L. 284).
An act entitled "An act to amend the first section of an act, en-
titled 'An act in relations to the laying out, opening, widening,
straightening, extending or vacating streets and alleys, and the con-
struction of bridges in the several municipalities of this Common-
wealth, the grading, paving, macadamizing or otherwise improving
streets and alleys, providing for ascertaining the damages to pri-
vate property resulting therefrom, the assessment of the damages,
costs and expenses thereof upon the property benefitted, and the con-
struction of sewers and payment of the damages, costs and expenses
thereof, including damages to private property resulting therefrom,'
approved the sixteenth day of May, Anno Domini one thousand eight
hundred and ninety-one providing for assessment of damages where
streets and alleys are changed in grade or location," approved the
twelfth day of June, one thousand eight hundred ninety-three (P. L.
459).
An act entitled "An act relating to actions brought to ascertain
or recover damages for appropriation of rights of way or easements
145
in lands by corporations invested with the right of eminent domain,
and empowering and authorizing owners of lands and corporations,
municipal or otherwise, desiring to exercise the right of eminent
domain in such lands, to waive the assessment of damages by view-
ers, and granting the right to either party to demand and have the
jury engaged in trying such action visit and view said land and
premises/' approved the twenty-first day of May, one thousand eight
hundred ninety -five (P. L. 89).
An act entitled "An act amending section nine of an act, en tilled
'An act in relation to the laying out, opening, widening, straighten-
ing, extending or vacating streets and alleys, and the construction
of bridges in the several municipalities of this Commonwealth, the
grading, paving, macadamizing or otherwise improving streets and
alleys, providing for ascertaining the damages to private property
resulting therefrom, the assessment of the damages, costs and ex-
penses thereof, upon the property benefitted, and the construction of
sewers and payment of the damages, costs and expenses thereof,
including damages to private property resulting thereifrom,' ap-
proved May sixteenth, Anno Domini one thousand eight hundred and
ninety-one, enabling municipal corporations to lay out, open, widen,
extend and vacate streets or alleys, upon petition or without peti-
tion of property owners," approved the twenty-second day of May,
one thousand eight hundred ninety-five (P. L. 106).
An act entitled "An act providing for the manner of ascertaining,
determining, awarding and paying compensation and damages in all
cases where municipalities of this Commonwealth may hereafter be
authorized by law to take, use and appropriate private property for
the purpose of making, enlarging and maintaining public parks
within the corporate limits of such municipality," approved the
eighth day of June, one thousand eight hundred ninety-five (P. L.
188).
An act entitled "An act to authorize cities, boroughs and town-
ships of this Commonwealth to appropriate moneys for Memorial Day
services," approved the twenty-fifth day of June, one thousand eight
hundred ninety-five (P. L. 298).
An act entitled "An act conferring upon municipalities the right
of eminent domain for the purpose of appropriating public property
for the use of the National Guard of Pennsylvania," approved the
twenty-sixth day of June, one thousand eight hundred ninety-five
(P. L. 332).
An act entitled "An act regulating the letting of contracts for
the erection and construction of public buildings," approved the
second day of July, one thousand eight hundred ninety-five (P. L.
426).
An act entitled "An act to regulate the remuneration of police-
men and constables employed as policemen throughout the Common-
146
wealth of Pennsylvania, and prohibiting them from charging or ac-
cepting any fee or other compensation, in addition to their salary,
except as public rewards and mileage for traveling expenses,'" ap-
proved the fourteenth day of July one thousand eight hundred
ninety-seven (P. L. 266).
An act entitled "An act authorizing any borough or city within
this Commonwealth to vacate, change, alter or relocate the course
or channel of any creek, run or natural waterway, other than navig-
able streams, and for this purpose to enter upon, condemn and take
property and materials necessary to such vacation, change, alteration
or relocation, and providing for the ascertainment and assessment
of costs, damages and expenses, as well as the levy and collection of
benefits arising therefrom, and constituting such benefits a lien upon
the properties upon which they are respectively assessed," approved
the twenty-eighth day of April, one thousand eight hundred ninety-
nine (P. L. 74).
Section eleven of an act entitled "An act supplementary to an act
approved the second day of June, Anno Domini one thousand eight
hundred and eighty-seven, entitled 'An act authorizing the condemna-
tion of turnpikes, roads or highways heretofore or hereafter con-
structed, wholly, or in part, in any county of this Commonwealth,
for public use, free from tolls and toll gates, and the assessment,
upon the proper county, of the damages to which the owner or owners
thereof may be entitled, by a jury of viewers, duly appointed by the
court of quarter sessions of the proper county, and providing for the
maintenance of any such condemned turnpike, road or highway by
the proper city, township, or district,' extending its provisions, so as
to authorize the condemnation of any turnpike, road or highway, in
whole or in part located upon the line dividing two counties, and to
assess the damages, payable to the owner or owners thereof equit-
ably between such two counties," approved the twenty-eighth day of
April, one thousand eight hundred ninety-nine (P. L. 79).
An act entitled "An act amending section eight of an act, entitled
'An act in relation to the laying out, opening, widening, straighten-
ing, extending or vacating streets and alleys, and the construction of
bridges in the several municipalities of this Commonwealth, the
grading, paving, macadamizing or otherwise improving streets and
alleys, providing for ascertaining the damages to private property
resulting therefrom, the assessment of the damages, costs and ex-
penses thereof upon the property benefited, and the construction of
sewers and payment of the damages, costs and expenses thereof, in-
cluding damages to private property resulting therefrom/ approved
May sixteenth, Anno Domini one thousand eight hundred and ninety-
one, extending the provisions of said act to the grading, paving, curb-
147
ing, macadamizing, or improvement of parts of streets or alleys," ap-
proved the twenty-eighth day of April, one thousand eight hundred
ninety -nine (P. L. 100).
An act entitled "An act to provide for the licensing of transient,
retail merchants in cities, boroughs and townships, and providing
a penalty for failures to obtain the same," approved the second day
of May, one thousand eight hundred ninety -nine (P. L. 159).
An act entitled "An act making it lawful for any municipality, in
which a corporation created and existing under and by virtue of the
laws of this Common wealth, have constructed and are maintaining,
or may hereafter construct and maintain, sewers, culverts, con-
duits and pipes, with the necessary inlets and appliances, for sur-
face, under surface and sewage drainage, to become the owner of
such sewers, culverts, conduits and pipes, with the necessary inlets
and appliances aforesaid; providing the amount to be paid for the
same, and the manner of ascertaining such amount in case of dis-
agreement between the municipality and the corporation owning the
same," approved the nineteenth day of April, one thousand nine hun-
dred one (P. L. 82).
An act entitled "An act authorizing borough councils or school
boards of this Commonwealth to purchase, acquire, take, use and
appropriate private property for public library purposes, and pro-
viding the manner in which damages sustained thereby shall be as-
sessed and collected," approved the eleventh day of May, one thou-
sand nine hundred one (P. L. 169).
An act entitled "An act to provide for the alteration of the bounda-
ries of townships and boroughs in certain cases, and the adjustment
of the indebtedness thereof," approved the eleventh day of May, one
thousand nine hundred one (P. L. 177).
Section two of an act entitled "An act authorizing the abandon-
ment by turnpike road or highway companies of such portion or por-
tions of their turnpike roads or highways as are separtated, as to
ownership or possession, from the longest continuous portion thereof
remaining in the possession or ownership of such companies after the
appropriation or condemnation to public use of an intermediate por-
tion or portions thereof; also prescribing the method of making such
abandonment and the giving of notice thereof to township authorities,
and providing for the future disposition of such abandoned portion
or portions of said turnpike roads or highways," approved the fourth
day of June, one thousand nine hundred one (P. L. 359).
An act entitled "An act relating to railroad crossings of highways,
and for the regulation, alteration and abolition of grade crossings,
except in cities of the first and second classes," approved the seventh
day of June, one thousand nine hundred one (P. L. 531).
. An act entitled "An act authorizing and empowering bor-
oughs and incorporated towns to take, use and appropriate private
148
property 1'or necessary public buildings and works within the cor-
porate limits of such municipality; and providing for the manner
of ascertaining, determining, awarding and paying compensation
and damages therefor," approved the tenth day of June, one thou-
sand nine hundred one (P. L. 555).
An act entitled "An act for the establishment and maintenance of
public libraries in cities of the second and third class and in bor-
oughs," approved the seventeenth day of June, one thousand nine
hundred one (P. L. 569).
An act entitled "An act regulating the filing of reports of viewers,
or juries of view, appointed by the courts of this Commonwealth to
assess damages and benefits for the taking, injury or destruction of
private property in the construction or enlargement of public works,
highways or improvements," approved the eighteenth day of March,
one thousand nine hundred three (P. L. 28).
An act entitled "An act authorizing councils, in boroughs and in
cities of the second class and third class, within this Commonwealth,
to issue subpoenas, and to take the testimony of witnesses in any
pending case of inquiry, investigation, or impeachment; also pro-
viding for the compulsory production of books and papers, and a
mode of compelling the attendance of witnesses, by attachment for
contempt; and providing for the punishment of perjury, by witnesses
so called," approved the nineteenth day of March, one thousand nine
hundred three (P. L. 31).
An act entitled "An act amending section nine of an act, entitled
'An act in relation to the laying out, opening, widening, straighten-
ing, extending or vacating streets and alleys and the construction
of bridges in the several municipalities of this Commonwealth, the
grading, paving, macadamizing or otherwise improving streets and
alleys, providing for ascertaining the damages to private property
resulting therefrom, the assessment of the damages, costs and ex-
penses thereof upon the property benefited, and the construction of
sewers and payment of the damages, costs and expenses thereof, in-
cluding damages to private property resulting therefrom/ approved
May sixteenth, Anno Domini one thousand eight hundred and ninety-
one, enabling municipal corporations to lay out, open, widen, extend,
and vacate streets or alleys, upon petition or without petition of
property owners, as amended by the act approved the twenty-second,
day of May, Anno Domini one thousand eight hundred and ninety-
five, providing for the approval of ordinances by the city recorder
and the publication of the ordinances," approved the nineteenth day
of March, one thousand nine hundred three (P. L. 35).
An act entitled "An Act to provide for the confirmation of the re-
ports of viewers, or juries of view, appointed by the courts of quarter
sessions to assess damages and benefits, arid for the collection of
damages in such proceedings," approved the twenty-seventh day of
March, one thousand nine hundred three (P. L. 83).
149
An act entitled "An act amending sections two and six of an act,
entitled 'An act in relation to the laying out, opening, widening,
straightening, extending or vacating streets and alleys, and the con-
struction of bridges in the several municipalities of this Common-
wealth, the grading, paving, macadamizing or otherwise improving
streets and alleys, providing for ascertaining the damages to private
property resulting therefrom, the assessment of the damages, costs
and expenses thereof upon the property benefited, and the construc-
tion of sewers and payment of the damages, costs and expenses
thereof, including damages to private property resulting therefrom/
approved the sixteenth day of May, Anno Domini one thousand eight
hundred ninety -one," approved the second day of April, one thou-
sand nine hundred three (P. L. 124).
An act entitled "An act enabling the burgess and council of any
borough or incorporated town, by ordinance, to annex to the borough
or incorporated town adjacent territory upon petition of a majority
of the freehold owners thereof," approved the twenty-second day of
April, one thousand nine hundred three (P. L. 247).
An act entitled "An act to permit farmers to sell their own pro-
ducts without a license-fee, in and about the streets of any borough
or city of this Commonwealth," approved the twenty-second day of
April, one thousand nine hundred three (P. L. 258).
An act entitled "An act to further define the police power of
cities of the third class and boroughs, with reference to electric light
wires," approved the twenty-eighth day of April, one thousand nine
hundred three (P. L. 335).
An act entitled "An act authorizing the municipalities of the Com-
monwealth to vacate, in whole or in part, all streets, lanes and al-
leys within their corporate limits, laid out by this Commonwealth,
whenever the same, or the portion to be vacated, shall have remained
unopened for a continuous period of thirty years next preceding
such vacation," approved the twenty-first day of March, one thou-
sand nine hundred five (P. L. 46).
An act entitled "An act providing for the payment of the expense
of maintaining prisoners, committed to county prisons for non-pay-
ment of fines or penalties imposed for the violation of city or borough
ordinances, or ordinances of townships of the first class, by the city,
borough, or township of the first class, to which such fines are pay-
able," approved the twenty-eighth day of March, one thousand nine
hundred five (P. L. 61).
An act entitled "An act to provide for the vacation and closing
of alleys, lanes, or passageways that are, or may hereafter become,
public nuisances; and to compensate abutting property owners or
others who may be damaged thereby, and assess benefits, if any there
be," approved the seventeenth day of April, one thousand nine hun-
dred five (P. L. 193).
150
An act entitled "An act supplementary to an act, entitled 'An act
in relation to the laying out, opening, widening, straightening, ex-
tending or vacating streets and alleys, and the construction of bridges,
in the several municipalities of this Commonwealth, the grading,
paving, macadamizing or otherwise improving streets and alleys,
providing for ascertaining the damages to private property resulting
therefrom, the assessment of the damages, costs and expenses thereof
upon the property benefited, and the construction of sewers and
the payment of the damages, costs and expenses thereof, including
the damages to private property resulting therefrom,' approved the
sixteenth day of May, Anno Domini one thousand eight hundred
and ninety -one; relating to exceptions and to the confirmation of the
reports of viewers and of parts thereof, and of appeals to the Su-
perior and Supreme Court from the confirmation of viewers' reports
or parts thereof, the manner of taking the same and the effect
thereof" approved the eighteenth day of April, one thousand nine
hundred five (P. L. 198).
An act entitled "An act to provide for the repair and maintenance
or improvement, by the proper county, city or borough, of turnpikes
heretofore or hereafter appropriated or condemned, or any part
thereof, for public use free of tolls," approved the twentieth day
of April, one thousand nine hundred five (P. L. 237).
An act entitled "An act authorizing vacation of public highways
at grade crossings over railroads, and the opening of undergrade or
overgrade crossings in lieu thereof, by the court of quarter sessions,"
approved the twenty-second day of April, one thousand nine hundred
five (P. L. 295).
An act entitled "An act authorizing the county commissioners of
the several counties, or the town councils of the several boroughs,
of this Commonwealth, or both, to appropriate annually a sufficient
sum of money to each Post of the Grand Army of the Kepublic, in
their respective counties or boroughs, to aid in defraying the ex-
penses of Memorial Day," approved the twenty-first day of March,
one thousand nine hundred seven (P. L. 22).
An act entitled "An act supplementary to an act entitled 'An act
enabling the burgess and council of any borough or incorporated
town, by ordinance, to annex to the borough or incorporated town
adjacent territory, upon petition of a majority of the freehold owners
thereof/ approved the twenty-second day of April, one thousand nine
hundred and three; enabling the burgess and council of any borough
or incorporated town, by ordinance, to annex to the borough or in-
corporated town adjacent territory, in the same or an adjoining
county, upon petition of a majority of the freehold owners thereof,"
approved the twenty-first day of March, one thousand nine hundred
seven (P. L. 25).
151
An act entitled "An act fixing the pay of commissioners of roads,
viewers, reviewers, and re-reviewers of roads and bridges, and com-
missioners appointed to run, establish or re-establish township lines,
or to divide townships, or to divide townships into election districts,
or boroughs into wards, in this Commonwealth," approved the fourth
day of April, one thousand nine hundred seven (P. L. 44).
An act entitled "An act to amend section one of the act, approved
May twenty-fifth, one thousand eight hundred and eighty-seven, en-
titled 'An act to authorize cities and boroughs to condemn property
and rights, inside and outside of their limits, for the purpose of
obtaining and supplying water/ so as to include springs," approved
the fifteenth day of April, one thousand nine hundred seven (P.
L. 90).
An act entitled "An act to amend the first section of an act,
entitled 'An act to provide for the repair and maintenance or im-
provement, by the proper county, city, or borough of turnpikes here-
tofore or hereafter appropriated or condemned, or any part thereof,
for public use free of tolls,' approved the twentieth day of April,
Anno Domini one thousand nine hundred and five; providing for
the repair and maintenance or improvement, by the proper county,
city, or borough, of turnpikes heretofore or hereafter abandoned, or
any part thereof, and for the repair, maintenance, or improvement of
any turnpike, or part thereof, where the company or association
owning the same has been or may hereafter be dissolved," approved
the twenty-fifth day of April, one thousand nine hundred seven (P.
L. 104).
An act entitled "An act authorizing municipal corporations, own-
ing their own water systems, to relocate roads destroyed by overflow
of reservoirs, or otherwise, and to acquire land to preserve wateiv
supply from contamination," approved the seventh day of May, one
thousand nine hundred seven (P. L. 167).
An act entitled "An act exempting certain real estate from the
power of eminent domain as exercised by corporations incorporated
under the laws of Pennsylvania," approved the tenth day of May,
one thousand nine hundred seven (P. L. 196).
An act entitled "An act providing for the payment of the premiums
on bonds of county, city, borough, school-district, and township
employes," approved the twenty-third day of May, one thousand
nine hundred seven (P. L. 225).
An act entitled "An act to provide for the alteration of the
boundaries of contiguous boroughs and townships within this Com-
monwealth, by detaching part or parts of the land embraced within
the lines of any borough and annexing such territory to any adjacent
or contiguous township or townships; and for adjustment of the
152
indebtedness of the boroughs and townships affected by such change
of boundaries or limits," approved the twenty-eighth day of May,
one thousand nine hundred seven (P. L. 264).
An act entitled "An act to authorize municipalities or townships
to make assessments for municipal improvements outside of their
corporate limits, under certain conditions," approved the twenty-
eighth day of May, one thousand nine hundred seven (P. L. 287).
An act entitled "An act to provide for the planting and care of
shade-trees, on highways of townships of the first class, boroughs,
and cities of the Commonwealth of Pennsylvania, and providing for
the cost thereof," approved the thirty-first day of May, one thousand
nine hundred seven (P. L. 349).
An act entitled "An act providing for the acquiring of water
plants or systems by municipalities, from corporations, firms, or
individuals, and the manner of ascertaining and arriving at the value
of the same; and to authorize municipalities of this Commonwealth
to issue bonds, secured by such water plants or systems, for the
payment thereof; and to provide a sinking-fund therefor, out of the
revenues of said plants," approved the thirty-first day of May, one
thousand nine hundred seven ( P. L. 355).
An act entitled "An act to amend section one of an act, entitled
'An act authorizing find empowering borough and incorporated towns
to take, use, and appropriate private property for necessary public
buildings and works within the corporate limits of such municipality ;
and providing for the manner of ascertaining, determining, award-
ing and paying compensation and damages therefor/ approved June
tenth, one thousand nine hundred and one; extending the provisions
of the act to the taking, use and appropriation of private property
for a filter plant," approved the first day of June, one thousand;
nine hundred seven (P. L. 365).
An act entitled "An act providing a method to secure possession
of lands, buildings or other property acquired under the power of
eminent domain," approved the seventh day of June, one thousand
nine hundred seven (P. L. 461).
An act entitled "An act to provide for the vacation and closing
of alleys, lanes, or passageways that are or may hereafter become
public nuisances and to copensate abutting property owners or others
who may be damaged thereby, and assess benefits if any there be,"
approved the eighth day of June, one thousand nine hundred seven
(P. L. 503).
An act entitled "An act relating to armories for the National
Guard of Pennsylvania; authorizing counties, cities, towns, boroughs,
and othe municipal divisions of the Commonwealth to provide and
appropriate moneys, or purchase and convey land, or convey land
owned by any county, city, town, borough or other municipal division
153
of the Commonwealth, to assist the Armory Board in the erection
of armories, and to furnish, free of cost to the Commonwealth, water,
light, fuel, either or all, for use in any armory," approved the
fifteenth day of March, one thousand nine hundred nine (P. L. 33).
An act entitled "An act authorizing municipalities to purchase or
condemn public toll-briges crossing rivers or streams within the
limits thereof; and giving power to municipalities to charge and
collect tolls or rentals, for the use of any such bridge, from railway,
telephone, and telegraph companies, and other persons making a use
thereof for other than ordinary public foot and vehicle travel; and
providing for the preservation of existing contracts with such per-
sons, and their assignment to such municipality," approved the
twenty-fourth day of March, one thousand nine hundred nine (P. L.
67). '
An act entitled "An act to amend an act approved the fourth day
of April, Anno Domini one thousand nine hundred and seven, en-
titled 'An act providing for the recovery and collection of municipal
claims by lien or by action of assumpsit,' by conferring jurisdiction
upon justices of the peace, in such cases," approved the twenty-fifth
day of March, one thousand nine hundred nine (P. L. 78).
An act entitled "An act to permit the acquisition of forest or other
suitable lands by municipalities, for the purpose of establishing
municipal forests; and providing for the administration, mainten-
ance, protection, and development of such forests," approved the
twenty-second day of April, one thousand nine hundred nine (P. L.
124).
An act entitled "An act to amend sections five and six of an act,
entitled 'An act providing for the acquiring of water plants or
systems by municipalities, from corporations, firms, or individuals,
and the manner of ascertaining and arriving at the value of the same;
and to authorize municipalities of this Commonwealth to issue bonds,
secured by such water plants or systems, for the payment, thereof;
and to provide a sinking-fund therefor, out of the revenues of said
plants/ approved May thirty-first, one thousand nine hundred and
seven; limiting the liability of municipalities on the bonds issued
for such water plants or systems, and providing that the bonds men-
tioned in said act shall be payable in thirty years from date of their
issue," approved the twenty-second day of April, one thousand nine
hundred nine (P. L. 135).
An act entitled "An act to empower township and borough auditors
to employ an attorney, and providing for their compensation," ap-
proved the twenty-seventh day of April, one thousand nine hundred
nine (P. L. 261 ')."
An act entitled "An act to amend sections one and two of an
act, entitled 'A supplement to an act, entitled "An act supplementary
to an act relative to burial-grounds and cemeteries situated in in-
154
corporated boroughs, approved the nineteenth day of May, one
thousand eight hundred and seventy-four, changing the title of said
act, and authorizing the court to make orders and decrees required
by the act, and to enforce the same by process," approved the thir-
teenth day of May, eighteen hundred and seventy-six, further em-
powering courts to direct removal of remains in boroughs, cities and
towns from burial grounds where interments have ceased or have
become so neglected as to become a public nuisance, or such remains
interfere with the improvements, extensions, and interests of such
cities, boroughs, or towns,' by further providing that such removal
may be authorized when said lands shall be desired by said munici-
palities, or the school districts thereof, for the erection of municipal,
school or public library buildings theieon, or for any other public
puropse," approved the twenty-ninth day of April, one thousand
nine hundred nine (P. L. 291).
An act entitled "An act relating to the settlements and audits of
the accounts of all officers of boroughs, townships, poor districts,
and school districts, and appeals therefrom to the common pleas and
thence to the Supreme and Superior Courts, and providing a penalty
for violations thereof," approved the third day of May, one thousand
nine hundred nine (P. L. 392).
An act entitled "An act authorizing townships of the first class
and boroughs of this Commonwealth to acquire, by taking and ap-
propriating under right of eminent domain, and by gift, devise,
purchase, lease and otherwise, private property, for the purpose of
making, enlarging, extending, and maintaining public parks, park-
ways, and playgrounds ; requiring the consent of the qualified electors
to such acquiring in certain cases, and providing the procedure for
obtaining such consent ; authorizing the said townships and boroughs
to improve, maintain, and regulate such parks, parkways and play-
grounds; and providing for the manner of securing, ascertaining,
determining, awarding, and paying compensation and damages where
property is taken, used, and appropriated for the said purposes,"
approved the third day of May, one thousand nine hundred nine
(P. L. 401).
An act entitled "A supplement to an act, entitled 'An act relating
to roads, highways and bridges,' approved the thirteenth day of
June, Anno Domini eighteen hundred and thirty-six," approved
the fifth day of May, one thousand nine hundred eleven (P. L. 123).
An act entitled "An act to amend section one of 'An act au-
thorizing and empowering boroughs and incorporated towns to take,
use, and appropriate private property for necessary public buildings
and works within the corporate limits of such municipality; and
providing for the manner of ascertaining, determining, awarding,
155
and paying compensation and damages, therefor/ approved the tenth
day "of June, one thousand nine hundred and one, so as to extend
the same to townships of the first class," approved fifth day of May,
one thousand nine hundred eleven (P. L.168).
An act entitled "An act to empower any taxpayer of any town-
ship, borough, poor district, or school district, upon providing for
costs, to appeal in behalf of such municipality to the court of
common pleas of the proper county, from the judgment of any
justice of the peace or alderman against such municipality, and to
become a party to such suit," approved the eleventh day of May,
one thousand nine hundred eleven (P. L. 208).
An act entitled "An act providing for the payment of the costs
of proceedings and the expenes of maintaining prisoners committed
to county prisons, either for non-payment of fines or penalties
imposed for, or while awaiting a hearing upon, any charge for the
violation of any city or borough ordinance, or any ordinance of
township of the first class whose ordinances are alleged to have
been violated, or to which any such fines or penalties are payable,"
approved the seventh day of June, one thousand nine hundred eleven
(P.L. 677).
An act entitled "An act fixing the time for organization of the
legislative departments of municipal governments, and for the in-
auguration of mayors of cities," approved the ninth day of June,
one thousand nine hundred eleven (P. L. 857).
An act entitled "An act to amend the first section of an act, ap-
proved the twenty-first day of March, Anno Domini one thousand
nine hundred and seven, entitled 'An act authorizing the county
commissioners of the several counties, or the town councils of the
several boroughs, of this Commonwealth, or both, to appropriate
annually a sufficient sum of money to each Post of the Grand Army
of the Kepublic, in their respective counties or boroughs, to aid
in defraying the expenses of Memorial Day,' by requiring the com-
missioners to make the payments specified, and fixing the maximum
amount thereof," approved the ninth day of June, one thousand
nine hundred eleven (P. L. 863).
An act entitled "An act relating to the settlement and audit
of the accounts of all officers, elected or appointed, of boroughs,
townships, poor districts, and school districts; prescribing the time
for such settlement and audits, for the matters to be contained in
the report of settlement and audit, for the filing of said report in
the office of the clerk of quarter sessions, and for appeals to the
court of common pleas and Superior and Supreme Courts,," approved
the ninth day of June, one thousand nine hundred eleven (P. L.
865).
156
An act entitled "An act providing a system Whereby boroughs
may build sewers; grade, sub-grade, and pave streets and alleys;
pay the costs thereof by the issue of bonds, and collect the same
from the property benefited, in instalments," approved the fifteenth
day of June, one thousand nine hundred elven (P. L. 971).
An act entitled "An act to amend the second section of an act,
approved the twenty-fifth day of May, Anno Domini one thousand
eight hundred and eighty-seven, entitled 'An act to authorize cities
and boroughs to condemn property and rights, inside and outside
of their limits, for the purpose of obtaining and supplying water,'
by fixing the number of the viewers at three," approved the nine-
teenth day of June, one thousand nine hundred eleven (P. L. 1033).
An act entitled "An act to amend the first section of an act,
approved the eighth day of June, Anno Domini one thousand nine
hundred and seven, entitled 'An act to provide for the vacation and
closing of alleys, lanes, or passageways that are, or may hereafter
become, public nuisances, and to compensate abutting property
owners or others who may be damaged thereby, and assess benefits
if any there be,' by fixing the number of the jury at three," approved
the nineteenth day of June, one thousand nine hundred eleven (P.
L. 1036).
An act entitled "An act to amend the first section of an act,
approved the seventeenth day of April, Anno Domini one thousand
nine hundred and five, entitled 'An act to provide for the vacation
and closing of alleys, lanes, or passageways that are, or may here-
after become, public nuisances ; and to compensate abutting property
owners or others who may be damaged thereby, and assess benefits
if any there be,' by fixing the number of the jury at three," approved
the twentieth day of June, one thousand nine hundred eleven (P.
L. 1087).
An act entitled "An act to amend the first section of an act, ap-
proved the tenth day of June, one thousand nine hundred one, entitled
'An act authorizing and empowering boroughs and incorporated
towns to take, use, and appropriate private property for necessary
public buildings and work within the corporate limits of such munici-
pality; and providing for the manner of ascertaining, determining,
awarding, and paying compensation and damages therefor,' as
amended by the first section of an act, 'approved the fifth day of
May, one thousand nine hundred eleven, entitled 'An act to amend
section one of "An act authorizing and empowering boroughs and
incorporated towns to take, use, and appropriate private property
for necessary public buildings and works within the corporate limits
of such municipality; and providing for the manner of ascertaining,
determining, awarding, and paying compensation and damages there-
for," approved the tenth day of June, one thousand nine hundred
and one, so as to extend the same to townships of the first class,!
157
by extending the act to include townships of the second class,"
approved the fifteenth day of April, one thousand nine hundred thir-
teen (P. L. 66).
An act entitled "An act regulating the letting of certain contracts
for the erection, construction, and alteration of public buildings,"
approved the first day of May, one thousand nine hundred thirteen
(P. L. 155).
An act entitled "A supplement to an act, entitled 'An act in
relation to the laying out, opening, widening, straightening, extend-
ing, or vacating streets and alleys, and the construction of bridges,
in the several municipalities of this Commonwealth; the grading,
paving, macadamizing, or otherwise improving, streets and alleys;
providing for ascertaining the damages to private property resulting
therefrom, the assessment of the damages, costs, and expenses thereof
upon the property benefited, and the construction of sewers and
payment of the damages, costs, and expenses thereof, including
damages to private property resulting therefrom,' approved the six-
teenth day of May, Anno Domini one thousand eight hundred and
ninety-one empowering municipalities to locate streets and alleys,
and to include therein streets and alleys, or parts thereof, thereto-
fore opened or used for highway purposes," approved the fifteenth
day of May, one thousand nine hundred thirteen (P. L. 212).
An act entitled U A supplement to an act, entitled 'An act in re-
lation to the laying out, opening, widening, straightening, extend-
ing, or vacating streets and alleys, and the construction of bridges
in the several municipalities of this Commonwealth; the grading,
paving, macadamizing, or otherwise improving, streets and alleys,
providing for ascertaining damages to private property resulting
therefrom; the assessment of the damages, costs, and expenses there-
of upon the property benefited; and the construction of sewers, and
payment of the damages, costs, and expenses thereof, including
damages to private property resulting therefrom/ approved the six-
teenth day of May, Anno Domini one thousand eight hundred and
ninety-five (Pamphlet Laws, seventy -five) ; by providing that, in
proceedings to assess damages and benefits arising from improvements
under the act to which this is a supplement, if property is both
benefited and damaged by such improvements, the excess of damages
over benefits, or the excess of benefits over damages, or nothing in
case the benefits and damages are equal, shall be awarded to or as-
sessed against. the owners of property, and providing that the report
thereof made by the Board of Viewers shall show the net result
only," approved the fifteenth day of May, one thousand nine hundred
thirteen (P. L. 215).
An act entitled "An act requiring a license for conducting any
business the whole or greater part of which shall consist of the
sale of goods which shall be held forth, represented, or advertised
158
to be goods of, or obtained from, the estate of any bankrupt; or
goods of, or obtained from, an assignee, or a person, firm, or corpora-
tion about to go out of business; or goods to have been damaged
in any way; and regulating such licensing, and fixing a penalty for
violation of this act," approved the twentieth day of May, one thou-
sand nine hundred thirteen (P. L. 227).
An act entitled "An act to amend the title, the first section, the
second section, and the third section of an act of Assembly, entitled
'An act relating to the settlement and audit of the accounts of all
officers, elected or appointed, of boroughs, townships, poor districts,
and school districts ; prescribing the time -for such settlement and
audit, for the filing of said report in the office of the clerk of quarter
sessions, and for appeals to the court of common pleas and Superior
and Supreme Courts,' approved the ninth day of June, Anno Domini
one thousand nine hundred and eleven ; by repealing so much thereof
as applies to school districts," approved the twentieth day of May,
one thousand nine hundred thirteen (P. L. 254).
An act entitled "An act to amend section one of an act, approved
the third day of May, Anno Domini one thousand nine hundred and
nine, entitled 'An act authorizing townships of the first class and
boroughs of this Commonwealth to acquire, by taking and appro-
priating under right of eminent domain, and by gift, devise, purchase,
lease, and otherwise, private property, for the purpose of making
enlarging, extending, and maintaining, public parks, parkways, and
playgrounds; requiring consent of the qualified electors to such
acquiring in certain cases, and providing the procedure for obtaining
such consent; authorizing the said townships and boroughs to im-
prove, maintain, and regulate such parks, parkways, aind play-
grounds; and providing for the manner of securing, ascertaining,
determining, awarding, and paying compensation and damages where
property is taken, used and appropriated for the said purposes/
by changing the limitations of the amount of money which such
township or borough, in the exercise of the authority granted by said
act, shall, within any period of three years, obligate itself to pay,
without the consent of a majority of the qualified electors," approved
the twentieth day of May, one thousand nine hundred thirteen (P.
L. 257).
An act entitled "An act amending an act, entitled 'An act pro-
viding a system whereby boroughs may build sewers ; grade, sub-grade,
and pave streets and alleys; pay the costs thereof by the issue of
bonds, and collect the same from the property benefited, in instal-
ments,' approved June fifteen, Anno Domini one thousand nine
hundred and eleven, by extending the provisions thereof so as to
include the acquisition by boroughs and incorporated towns of exist-
ing sewers and sewer systems," approved the twenty-first day of May,
one thousand nine hundred thirteen (P. L. 277).
11H
/ o!'n^ V s
^i NIV ^ SI ^ ))
An act entitled "An act permitting counties, cities, and boroughs,
singly or jointly, of the Cominonweealth of Pennsylvania, to appro-
priate and expend moneys for the improvement of highways outside
the limits of such cities or boroughs, for the purpose of connecting
improved streets of such cities or boroughs with a State highway or
State-aid highway, when the highway outside of the limits of such
cities or boroughs is less than gne mile in length, and will connect
such cities or boroughs with the State highway or State-aid high-
way," approved the twenty-third day of May, one thousand nine
hundred thirteen (P. L. 336).
An act entitled "An act giving 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 said roads, streets, lanes, or alleys,
or the changing of grades and lines thereof, by cities, counties,
boroughs or townships, within this Commonwealth; the construction
and the vacating by said cities, counties, boroughs or townships of
bridges, and the piers, abutments, approaches, embankments, slopes
or causeways, therefor, or leading thereto, which abut on or pass
through or along said lands, property, or material; and the con-
struction by said cities, counties, boroughs, or townships of sewers
in, over, upon, along, or through said lands, property, or material,
the right to damages for said injuries; directing all juries of view
appointed, or that shall hereafter be appointed, under existing laws
for assessing damages or benefits for taking, using, occupying, or
injuring lands, property or material, to assess said damages, if any,
against said cities, counties, boroughs, or townships, as the case may
be, and the benefits, if any, in connection therewith; granting the
right of appeal to the proper court of common pleas from the report
of said juries, and the trial by jury in said court of common pleas,
and the right to file exceptions to said report; and the right of
appeal to the Superior Court or Supreme Court, after disposal of
exceptions, or verdict and final judgment; and providing that this
act shall apply to all existing and future proceedings," approved
the twenty-eighth day of May, one thousand nine hundred thirteen
(P. L. 368).
An act entitled "An act relating to the reports of auditors of
boroughs, townships, and poor districts, and appeals therefrom;
giving certain powers to taxpayers in connection therewith; and
prescribing the practice to be pursued in all appeals from such
auditors' reports," approved the thirty-first day of May, one thou-
sand nine hundred thirteen (P. L. 394).
An act entitled "An act to authorize the display of the State,
county, city, borough, or other municipal flags on public buildings
in the Commonwealth," approved the fifth day of June, one thousand
nine hundred thirteen (P. L. 419).
160
An act entitled "An act establishing a Commission of Water-works,
in boroughs and incorporated towns of this Commonwealth; pro-
viding for the appointment of Commissioners of Water-works and
prescribing their powers and duties," approved the fifth day of June,
one thousand nine hundred thirteen (P. L. 445).
An act entitled "An act amending the first section of an act,
entitled 'An act to further define the police power of cities of the
third class and boroughs, with reference to electric light wires,' ap-
proved the twenty-eighth day of April, one thousand nine hundred
and three, so as to include telegraph and telephone wires, and reduc-
ing the number of jurors," approved the twelfth day of June, one
thousand nine hundred thirteen (P. L. 488).
An act entitled "An act relating to damages in case of taking of
property for use as a public wharf, pier, or bulkhead," approved
the twentieth day of June, one thousand nine hundred thirteen (P.
L. 543).
An act entitled "An act authorizing the several counties, incor-
porated towns, and boroughs to appropriate annually sums of money
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 respective counties, boroughs, and towns, to
aid in defraying the expenses of Memorial Day," approved the twenty-
fifth day of June, one thousand nine hundred thirteen (P. L. 550).
An act entitled "An act to authorize all cities and boroughs in the
Commonwealth of Pennsylvania to construct and maintain comfort
and waiting-stations and drinking-fountains in the public high-
ways of such municipalities, and providing the manner of ascertaining
and collecting the damages caused by the construction of such im-
provements," approved the twenty-seventh day of June, one thousand
nine hundred thirteen (P. L. 632).
An act entitled "An act to permit viewers to award damages, for
the vacation of streets, roads, or highways, to abutting owners,
where no land is actually taken," approved the twenty-seventh day
of June, one thousand nine hundred thirteen (P. L. 633).
An act entitled "An act amending and supplementing an act, en-
titled 'An act making it lawful for any municipality, in which a
corporation created and existing under and by virtue of the laws
of this Commonwealth have constructed and are maintaining, or
may hereafter construct and maintain, sewers, culverts, conduits,
and pipes, with the necessary inlets and appliances for surface, under
surface and sewage drainage, to become the owner of such sewers,
culverts, conduits, and pipes, with the necessary inlets and appliances
aforesaid: providing the amount to be paid for the same, and the
manner of ascertaining such amount in case of disagreement between
the municipality and the corporation owning the .same/ approved
April nineteenth, one thousand nine hundred and one, by extending
161
the provisions thereof to sewers, culverts, conduits and pipes, with
the necessary inlets and appliances, owned by individuals and un-
incorporated associations; and providing for the assessment of the
costs and expenses of the property, so acquired, upon the properties
benefited thereby or upon the proper municipality," approved the
twenty-first day of July, one thousand nine hundred thirteen (P. L.
865).
An act entitled "An act to amend an act, entitled 'An act in relation
to the laying out, opening, widening, straightening, extending, or
vacating streets and alleys, and the construction of bridges, in the
several municipalities of this Commonwealth; the grading, paving,
macadamizing, or otherwise improving streets and alleys; providing
for ascertaining the damages to private property resulting therefrom,
the assessment of the damages, costs and expenses thereof upon the
property benefited; and the construction of sewers, and payment
of the damages, costs, and expenses thereof, including damages
to private property resulting therefrom,' approved the sixteenth day
of May, Anno Domini one thousand eight hundred and ninety-one,"
approved the twenty-second day of July, one thousand nine hundred
thirteen (P. L. 902).
An act entitled "An act conferring certain powers upon munici-
palities of this Commonwealth in and on the public wharves within
the limits of such municipalities," approved the twenty-fourth day
of July, one thousand nine hundred thirteen (P. L. 1017).
An act entitled "An act regulating the mining out and removing of
the coal and other minerals and support underlying and beneath
the surface of the several streets, avenues, thoroughfares, courts,
alleys, places, and public highways within the limits of the several
municipal corporations, and authorizing the creation of a Bureau
of Mine Inspection and Surface Support by any municipal corpora-
tion, within the anthracite coal fields of this Commonwealth, and
giving such bureau jurisdiction, and providing for the filing of
certain maps and plans, and providing a penalty for violation
thereof," approved the twenty-sixth day of July, one thousand nine
hundred thirteen (P. L. 1439).
(d) THE FOLLOWING ACTS AND PAKTS OF ACTS AEE EE-
PEALED INSOFAE AS THEY CONFEE ANY POWEES OE IM-
POSE ANY DUTIES ON BOEOUGHS; VIZ:-
An act entitled "An act to provide for the erection and maintain-
ing of watering troughs for the use of horses and cattle on the public
roads of this Commonwealth, and providing penalties for the injury
and destruction of the same," approved the twenty-eighth day of
April, one thousand eight hundred seventy-six (P. L. 51).
An act entitled "A supplement to an act to provide for the erection
and maintaining of watering troughs for the use of horses and cattle,
on the public roads of this Commonwealth, and providing penalties
162
for the injury and destruction of the same, approved the twenty-
eighth day of April, Anno Domino one thousand eight hundred and
seventy-six," approved the twentyfifth day of June, one thousand
eight hundred eighty -five (P. L. 168).
An act entitled "An act authorizing the grading, paving and curb-
ing or macadamizing of streets and alleys, which may be in whole
or in part the boundaries of boroughs and first class townships, by
joint contract, and providing for the payment of costs, damages and
expenses thereof/' approved the tenth day of July, one thousand nine
hundred one (P. L. 637).
An act entitled "An act authorizing any municipality to connect
with the sewer of any other municipality and township of the first
class, for sewage purposes, and providing a method for ascertaining
the damages caused thereby, and for the assessment and payment of
the same," approved the seventeenth day of July, one thousand nine
hundred one (P. L. 668).
An act entitled "An act authorizing contracts between cities,
boroughs, and townships, of the one part, and street passenger rail-
way companies and motor power companies, of the other part;
providing for 'the keeping of certain streets free from street railway
tracks, by permitting the temporary relocation or abandonment of
tracks already laid, or the postponement of the laying of tracks
duly authorized, while preserving the rights of such company
to resume the exercise of its said franchises upon the termination
or breach of such contract," approved the third day of May, one
thousand nine hundred five (P. L. 379).
An Act entitled "An act authorizing contracts between cities,
boroughs or townships, of the one part, and street passenger railway
companies, surface, elevated or underground, or motor power com-
panies leasing and operating the franchises and porperty of such
companies, of the other part, affecting, fixing and regulating the
franchises, powers, duties and liabilities of such companies, the
management of the same, the relations and respective rights of the
contracting parties, and the ultimate acquisition by such cities,
boroughs and townships of the property, leaseholds and franchises of
said contracting companies," approved the fifteenth day of April,
one thousand nine hundred seven (P. L. 80).
An act entitled "An act relating to the location, construction, and
maintenance of viaducts and bridges in boroughs and adjacent terri-
tory; empowering the several boroughs of this Commonwealth to
construct or have constructed bridges or viaducts over rivers, creeks,
streams, railroads, and private land, or over and across railroads,
and any of them or over and across railroads, for public high-
ways and to procure locations therefor by purchase or con-
demnation proceedings, whether the same be wholly within,
or partly within and partly without, the borough limits ; authorizing
said boroughs to unite and enter into a contract or contracts with
163
the county commissioners of the proper county, and with railroad,
street railway and other companies and parties interested, or with
any of them, for the erection, construction, and maintenance of said
viaducts and bridges, and for the payment of the damage caused by
their location and erection; and forbidding any railroad company
to pass under or upon any such viaduct or bridge without contribut-
ing the cost of maintenance thereof," approved the twenty-fifth day
of May, one thousand nine hundred seven (P. L. 240).
An act entitled "An act authorizing municipalities to purchase,
condemn, maintain, and use public toll-bridges crossing rivers or
streams within the limits thereof, and to enter into a contract with
the county commissioners of the proper county, when said commis-
sioners are duly authorized thereto by the court of quarter sessions,
on petition of twenty or more tax-payers of such county, whereby
the said county shall pay a portion of the cost thereof; and giving
power to the municipalities to charge and collect tolls or rentals,
for the use of any such bridge, from railway, telephone, and telegraph
companies and other persons making a use thereof for other than
ordinary public foot and vehicle travel ; and providing for the preser-
vation of existing contracts with such persons, and their assignment
to such municipality," approved the twenty-fourth day of March,
one thousand nine hundred nine (P. L. 69).
An act entitled "An act to authorize municipalities to unite in
the construction of a sewage system, and to permit municipalities
to form corporations for the purpose of constructing a sewage
system," approved the first day of May, one thousand nine hundred
nine (P. L. 306).
An act entitled "An act amending an act approved the twenty-sec-
ond day of April, Anno Domini nineteen 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 relocation, 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 re-
sulting 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 main-
tained by the several counties of the Commonwealth as county roads,"
whether existing by other authority or laid ont in whole or in part
by virtue of this act ; and providing that public roads and highways
164
may be originally located, laid out, and established for the purpose
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 establishing,
construction, improvement and maintenance of public roads by the
counties shall be restricted after January one, one thousand
nine hundred and seven; but providing for such establishing, con-
struction, 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
commissioners of any county may provide rules regulating the use
of roads constructed and maintained by the counties; and prescrib-
ing 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 precedure set
out in the said acts, shall thereafter be township or borough roads,
and be maintained and improved by the proper township or borough,"
approved the thirteenth day of May, one thousand nine hundred
nine (P. L. 527).
Section eighteen of an act 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 unneces-
sary; 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 taking, and the manner in which such damages
may be determined; providing for the payment of the costs and
expenses of such construction or improvement and in thereafter re-
pairing 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 vacation of any county road," approved the
eleventh day of May, one thousand nine hundred eleven (P. L. 244).
An act entitled "An act authorizing boroughs to unite with
boroughs or townships in constructing or acquiring and maintaining
Avorks for supplying water to such boroughs or townships," ap-
proved the first day of June, one thousand nine hundred eleven (P.
L. 541).
165
An act entitled "An act to amend the first and second sections of
an act, approved the first day of May, Anno Domini one thousand
nine hundred and nine, entitled 'An act to authorize municipalities
to unite in the construction of a sewage system, and to permit
municipalities ,to form corporations for the purpose of constructing
a sewage system, 7 by including townships," approved the fifteenth
day of June, one thousand nine hundred eleven (P. L. 966).
An act 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 im-
proved and the cost thereof apportioned," approved the twentieth
day of May, one thousand nine hundred thirteen (P. L. 267).
First four paragraphs of Section one of an act entitled "An act
to amend section eighteen of an act, 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, straight-
ening, widening, extension and alteration of the same, and the va-
cation 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 com-
pensation to be paid therefor, and the payment of damages resulting
from such taking, and the manner in which such damages may be
determined; providing for the payment of the costs and expenses of
such construction 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 au-
thorizing the vacation of any county road/ approved the eleventh
day of May, Anno Domini one thousand nine hundred and eleven;
by authorizing counties to contract with boroughs in the improve-
ment of a borough street connecting with a county road; providing
for the cost thereof; prescribing the method by which the contract
for such improvement shall be made; and imposing the cost of main-
tenance of such street on the borough," approved the twentieth day
of May, one thousand nine hundred thirteen (P. L. 273).
(e) THE FOLLOWING ACT OF ASSEMBLY IS REPEALED IN-
SOFAR AS IT RELATES TO HIGH CONSTABLE.
The act of Assembly entitled "An act to amend an act, en
titled 'An act to authorize the election of constables for three years,'
166
approved the fourteenth day of February, Anno Domino one thou-
sand eight hundred eighty-nine, by providing for the election of a
high constable in each of the boroughs of this Commonwealth for
three years, and by correcting the ambiguity as to the beginning of
the terms of office under said act," approved the twenty-sixth day
of June, one thousand eight hundred ninety-five (P. L. 375).
(f) ALL ACTS OK PARTS OF ACTS OF ASSEMBLY SUP-
PLIED BY, INCONSISTENT WITH, OK APPERTAINING TO
THE SUBJECT MATTEK COVERED BY THIS ACT, AKE RE-
PEALED. IT IS THE INTENTION THAT THIS ACT SHALL
FURNISH A COMPLETE AND EXCLUSIVE SYSTEM FOR THE
GOVERNMENT AND REGULATION OF BOROUGHS.
167
EXPOSITION OF DRAFT OF ACT TO BE KNOWN AS "THE
GENERAL BOROUGH ACT OF ONE THOUSAND NINE HUN-
DRED AND FIFTEEN."
A codification of the law relating to boroughs has never hitherto
been undertaken. The acts of April 1, 1834, P. L. 163, and April 3,
1851, P. L. 320, provided a mode of procedure for the incorporation
of a borough from a township or part thereof, and enumerated a
list of powers and duties for the government thereof. With the
exception of these two statutes the law relating to boroughs is com-
prehended by some two hundred and seventy-five separate acts of
Assembly.
The borough laws of the State are in a very unsatisfactory con-
dition. Many acts which have been superseded by subsequent laws,
but not expressly repealed, still remain upon the statute books where
they serve only to confuse the reader. Other acts have been so
variously amended at different times and for different purposes that
it is frequently difficult to determine how much of the original act
is in force. Provisions relating to different subjects are sometimes
contained in a single section, so that, in order to ascertain the law
relating to boroughs, it is necessary to examine practically the entire
body of laws relating to many general subjects, as for example;
municipalities, roads, highways, and bridges, parks and play-grounds,
and the like. Many acts are obscure in their language. Many acts
have been amended more than once, a subsequent amendment over-
looking a prior one, thereby necessitating an examination into all the
amendments, so as to ascertain the provisions of all the amendments
which are not inconsistent. Many acts have been passed to cover
present contingencies and failed to provide for others which might
happen in the future. An example of this are the acts relating to
the terms of borough officers, a more minute discussion of which will
appear in the article devoted to that subject, and other defects will
readily suggest themselves to the reader. Considerable difficulty was
experienced with a number of acts of Assembly, undoubtedly passed
for some special case, but under the guise of a general law. Many
of these acts do not harmonize with the material with which they
must be associated, but, of course, cannot be disregarded. For ex-
ample see Chapter II, Article III, Chapter II, Article IV, Chapter
III, Article I, Sections 13, 14, 15, 16 and 17, and Chapter VIII,
Article I, Section 18.
The laws relating to boroughs are presented in this codification
under the following heads :
Chapter I. Preliminary Provisions.
Chapter II. Creation Charters.
Article I. Incorporation.
Article II. Consolidation of boroughs.
168
Article III. Ee-establishment of boroughs.
Article IV. Division of boroughs.
Article V. Amendment and Annulment of Charters.
Chapter III. Change of Limits Boundaries Wards.
Article I. Change of Limits.
Article II. Boundaries.
Article III. Wards.
Chapter IV. Adjustment of Indebtedness.
Chapter V. General Powers.
Chapter VI. Special Powers.
Article I. Eminent Domain.
Article II. Condemnation proceedings in Court of Com-
mon pleas.
Article III. Damages for injury to property.
Article IV. Opening, Widening, Extending, Straightening,
and Vacating Streets.
Article V. Vacation of Koads and Streets.
Article VI. Koads partly within the borough.
Article VII. Street Improvement.
Article VIII. Collection by instalment of the cost of grading
and improving streets.
Article IX. Koads and highways crossing railroads.
Article X. Plans and Location of Streets.
Article XI. Sidewalks.
Article XII. Sewers.
Article XIII. Contracts with street railways.
Article XIV. Bridges and viaducts.
Article XV. Electric Wires.
Article XVI. Water Courses.
Article XVII. Public Service.
Article XVIII. Public Buildings and Works.
Article XIX. Wharves and Docks.
Article XX. Licenses and License Fees.
Chapter VII. Government.
Article I.
Article II.
Article III.
Article IV.
Article V.
Article VI.
Council.
Burgess.
High Constable.
Auditors.
Controller.
Appointed Officers.
169
Articles VII. Bureau of Mine Inspection and Surface Sup-
port.
Chapter VIII. Elections Vacancies in Office.
Article I. Number, term and time of election of officers.
Article II. Filling of Vacancies.
Chapter IX. Parks Shade Trees Forests.
Article I. Parks and Playgrounds.
Article II. Shade Trees.
Article III. Forests.
Chapter X. Libraries.
Chapter XI. Burial Grounds.
Chapter XII. Enforcement of Ordinances Actions by and
against boroughs.
Article I. Enforcement of Ordinances.
Article II. Actions by and against boroughs.
Chapter XIII. Acts of the General Assembly Kepealed.
It has been sought in this codification :
1. To repeal all laws which have been superseded though not
hitherto specifically repealed;
2. To consolidate provisions of the same tenor which were sep-
arately enacted;
3. To eliminate provisions not now operative, and all unnecessary
and redundant expressions, as well as all provisos where the intent
of the same can be more clearly expressed otherwise;
4. To rewrite provisions the language of which is obscure, where
the decisions of the courts have indicated the manner in which this
may be done;
5. To express with certainty wherever possible what is indefinitely
stated in the various acts by such expressions as "in the manner
provided by law," "the proper officer," etc. ;
6. In ,the case of acts, the provisions of which relate to several
subjects, to insert such provisions in this portion of the codification
treating of each of said subjects, respectively.
Special attention is called to the fact that the existing law has
not been materially changed in preparing this codification. A few
changes have been made to simplify and harmonize procedure. In
a few cases, where it seemed desirable for the purpose
of clarifying the subject, a new section has been inserted
declaratory of the law. Such sections are Section 4, Article
15, of Chapter VI, and Section 19, Article I, Chapter VIII.
In some instances the desirability of making certain changes in exist-
ing laws has been pointed out. The references to the various acts
codified herein are to the pamphlet laws.
170
CHAPTEK I.
PRELIMINABY PKOVISIONS.
AKTICLE I.
The provisions of this chapter and article are new and relate
wholly to this codification.
Section 1. This section is for the purpose of giving the codifica-
tion a short title.
Section 2. This section is self-explanatory.
Section 3. This section was inserted in order to leave no doubt
as to the intent to preserve any acts done, rights accrued, or vested,
or liabilities incurred under any acts herein incorporated, and to
prevent any officer from being ousted from office before the expiration
of his term.
Sections 4 and 5 are self-explanatory.
Sections 6, 7 and 8. Are sections drafted to limit the operation
of the act, to save special acts and to provide an acceptance clause.
The. sections are modeled somewhat after section 33 of the Act of
April 3, 1851, P. L. 320, as amended by the Act of June 4, 1901, P.
L. 362. This section of the Act of 1851 provided a system whereby a
borough acting under special charter might become subject to the
general law. It may be well to note at this place that a change has
been made in the law by the omission of this thirty-third section of
the Act of 1851. It is also possible that a change in the law has been
made in incorporating the provisions of the Act of April 1, 1834,
P. L. 163, which related to the incorporation of boroughs, but also
imposed certain powers and duties. The provisions of both of these
acts have been scattered throughout this code in order to make a
systematic arrangement. The provisions of the Act of 1851, un-
doubtedly, do not apply to any borough incorporated under special
act unless they have been accepted. The Act of 1851 specifically so
states. The Act of 1834 by its very terms did not apply to any bor-
ough incorporated by special act prior to its passage. In this draft
provisions of these acts have been inserted exactly the same as all
the other borough law and without any reservation.
Whether all of the acts of assembly passed subsequent to 1851 and
which by their terms are general, apply to boroughs incorporated
both under general or special law, or whether they appfly to such
only as are incorporated under the general law and those which have
accepted the Act of 1851, seems to be doubtful. The case law upon
this subject is very meager.
171
In "Dorrance v. Bristol," 224 Pa. 464, there is a ruling to the
effect that the Act of May 3, 1901, P. L. 140, which is. an act empower-
ing boroughs to provide a supply of water, does not apply to any
borough incorporated under special act and which has not accepted
the provisions of the Act of 1851, although the language of this act
is that "every borough of this Commonwealth shall have power and
authority, etc." Tt is possible that the ruling referred to is dictum,
because the borough of Bristol in question had accepted the Act of
1851, and, therefore, was entitled to the benefit of such legislation.
On the other hand in "Quinn v. Cumberland County," 162 Pa. 55,
the court in spieaking of the Act of 1893, establishing boards of health
in boroughs, held that this Act of 1893 repealed a special act of
assembly establishing a board of health for the borough of Carlisle,
and in using the language "it shall be the duty of every borough of
the Commonwealth" meant just what the act said, that it applied
to every borough of the Commonwealth whether acting under gen-
eral or special law. Tt is possible that this opinion is also dictum,
because in beginning the discussion upon this phase of the case, the
court itself intimates as much, (To the same effect see "Weaver v.
Schuylkill County," 17 Sup. Ct. 327). It seems, therefore, that some
of the legislation subsequent to 1851 was general to all boroughs,
while some of it applied to those incorporated under general act of
assembly only. In other words, it would be necessary to have a
judicial interpretation of each act to find out to which boroughs it
applied. It, therefore, became an impossibility to draft a section
which would propierly limit all the different acts of assembly to the
boroughs to which the courts might determine they applied.
These sections have been so drafted that they will not disturb any
local or special act of assembly in force, but will require every bor-
ough acting under special act of assembly, and which has not ac-
cepted the Act of 1851, to accept the provisions of this act before
it will receive the benefit of the act,
A clause has been inserted providing for the recording of the de-
cree when any special borough accepts this act. This clause is in-
serted to provide a permanent record, and was suggested by a similar
clause in the Act of 1834 when a borough is incorporated.
The passage of this act cannot be an injury to any borough. In
addition to saving all the special acts, it makes provision for the
saving of special acts upion subjects not covered by this act, when
boroughs accept the provisions of this act in the manner provided.
Incorporated towns have been included so that they may come
within the operation of the borough law.
Section 9 is self-explanatory.
172
CHAPTER II.
CREATION CHAKTEES.
AETICLE I.
INCORPORATION.
Section 1.
Is Section 1 of the Act of April 1, 1834, P. L. 163, and include*
only such part of said section as relates to the power of the courts
,o incorporate boroughs. The remainder of this section has been
supplied by the Act of April 3, 1851, P. L. 320. The words "town"
or "village" have been changed to "parts of one or more townships."
Thjg change is made because the general law does not recognize such
a political division as a town or village.
Section 2.
Js a section drafted from Section 2 of the Act of April 1, 1834, P.
L. 163, and Section 1 of the Act of June 2, 1871, P. L. 283. The
Act of 1871, provided that notice of an intended application for a
borough charter should be given iu at least one newspaper of the
county. This provision has not been used, being held repealed "in
borough of Ensworth," 5 Pa. Sup. Ct. 29."
Section 3.
Is part of Section 2 of the Act of April 1, 1834, P. L. 163.
Section 4.
Is a section drafted from Section 1 of the Act of June 26, 1895,
P. L. 389, and Section 3 of the Act of April 1, 1834, P. L. 163. Sec-
tion 3 of the Act of 1834 provided that the application should be laid
before the Grand Jury, when in session and for an investigation
by the Grand Jury. This part of that section has been repealed
by Section 2 of the Act of June 26, 1895, P. L. 389, Insofar as it re-
lated to the incorporation of boroughs.
Section 5.
Is part of Section 3 of the Act of April 1, 1834, P. L. 163.
Section 6.
Is Section 1 of the Act of April 1, 1863, P. L. 200.
Section 7.
Is Section 28 of the Act of April 3, 1851, P. L. 320.
Section 8.
Is Section 29 of the Act of April 3, 1851, P. L. 320, except such
part of said section as related to the time and place of holding the
annual borough election. This part is superseded by the general
election laws.
Section 9.
Is Section 1 of the Act of May 29, 1889, P. L. 174. This section
originally provided for an appeal to the Supreme Court. In view
of the Act of June 24, 1895, P. L. 212, establishing the Superior Court
173
and regulating appeals thereto, this has been changed to Superior
Court. The words "twenty days" have been changed to "six months,"
in conformity with the ruling in "Scran ton Sewer," 213 Pa. 4, and the
Act of May 19, 1897, P. L. 67, regulating appeals to the superior
court. The day for taking the appeal has been changed from the
date of recording to the date of the decree.
Section 10.
Is Section 21 of the Act of April 3, 1851, P. L. 320. To this section
has been added a clause relating to the term for which the officers
at the special election are to be elected. This has been done to keep
all elections uniform.
Section 11.
Is Section 25 of the Act of April 3, 1851, P. L. 320. Originally
this section provided for notices to townships or boroughs. In this
draft the word "or" has been changed to "and" because the notice
might be necessary to both. The word "boroughs" as used in the
original section has been changed to "municipalities." This change
has been made so that notice would be given to an adjoining city,
which was, of course, a contingency not apprehended when the Act
of 1851 was passed. "Township commissioners" has been inserted so
that notice may be given to townships of the first class.
CHAPTER II.
ARTICLE II.
CONSOLIDATION OF BOROUGHS.
Section 1.
Is a section drafted from Section 1 of the Act of June 6, 1893, P.
L. 335 and Section 1 of the Act of April 14, 1905, P. L. 155. Under
the Act of 1893 boroughs could only be consolidated where they were
situate in the same county. The Act of 1905 extended this right to
boroughs in different counties.
Section 2.
Is a section drafted from Section 2 of the Act of June 6, 1893,
P. L. 335; Section 1 of the Act of April 10, 1905, P. L. 136, and
Section 1 of the Act of June 19, 1913, P. L. 540. Section 2 of the Act
of 1893 as it appears in the pamphlet laws had two clauses, the
first of which was amended by the Act of 1903, P. L. 6, 1905, P. L,
136 and 1913, P. L. 540. The amendment of 1913 overlooked the
amendment of 1905 and in drafting the first clause of this section
these two acts have been used and all the matter therein contained
has been incorporated. This was done in view of the decision in
Mercersburg College vs. Mercersburg Borough, 53 Pa. Sup. Ct, 388
in which it was held that two amendments of the same section of an
174
act might be in force at the same time, so long as they were not
inconsistent with each other. Section two of the Act of 1893 imposed
certain duties upon the town clerk. This has been changed to secre-
tary in order to have the title of this officer uniform throughout this
code. In this draft what were in the original act two clauses have
been divided into five. It was felt that clearer reading would thereby
be obtained. In clause 4 of this section an addition has been made
by making the majority of votes cast at such election apply only to
those cast for or against the consolidation of such boroughs. This
will prevent the inclusion of those votes cast at such election, but
which failed to vote on the consolidation proposition.
Section 3.
Is Section 2 of the Act of February 26, 1903, P. L. 6, amending
Section 3 of the Act of June 6, 1893, P. L. 335.
Section 4.
Is Section 4 of the Act of June 6, 1893, P. L. 335. This section
has been to some extent redrafted and much matter which was sur-
plusage has been omitted.
Section 5.
Is Section 2 of the Act of April 14, 1905, P. L. 155.
CHAPTER II.
ARTICLE III.
RE-ESTABLISHMENT OF BOROUGHS.
Section 1.
Is Section one of the Act of April 18, 1877, P. L. 55.
Section 2.
Is part of Section two of the Act of April 18, 1877, P. L. 55.
What was Section two of the Act of 1877 has in this code been di-
vided into four sections. It was thought that clearer reading would
thereby be obtained.
Section 3.
Is part of Section two of the Act of April 18, 1877, P. L. 55.
Section 4.
Is part of Section two of the Act of April 18, 1877, P. L. 55. The
reference to Chapter eight, Article one is a reference to the chapter
and article dealing with elections and the purposes of the insertion
is that the appointments made by the court may be so made that
the terms of the officers appointed will expire at the time when suc-
cessors might be elected as provided in Chapter eight, Article blie.
Section 5.
Is part of Section two of the Act of April 18, 1877, P. L. 55.
12H 175
CHAPTEK II.
AKTICLE IV.
DIVISION OF BOROUGHS.
Section 1.
Is Section one of the Act of May 29, 1889, P. L. 393. Prom this
section was omitted the clause relating to the power of the courts
to set off villages from boroughs and to incorporate them into bor-
oughs. This same power is given in Section two of this Article where
it logically belongs.
Section 2.
Is a section drafted from Section one of the Act of June 2, 1871,
P. L. 283 and Section one of the Act of June 26, 1895, P. L. 389.
The Act of May 29, 1889, P. L. 393 relating to the division of bor-
oughs was largely silent as to the mode of procedure to be followed
by the court in making such division. In u Throop Borough," 15
Pa. C. C. 131 it was held that in the case of the division of boroughs
under the Act of 1889, the procedure for the incorporation of bor-
oughs under the Act of 1871 applied. Since the rendering of that
decision the Act of 1871 has been largely supplied by the Act of 1895,
P. L. 389 and this act has therefore been used at this place in con-
junction with the living part of the Act of 1871.
Section 3.
Is Section two of the Act of May 29, 1889, P. L. 393.
Section 4.
Is Section three of the Act of May 29, 1889, P. L. 393. To this
section has been added a clause relating to the term for which the
officers elected at such special election shall hold office. This refer-
ence is made to keep the election of officers in all boroughs uni-
form.
Section 5.
Is Section one of the Act of May 9, 1889, P. L. 174, redrafted in
order to make clear reading with the matter contained in this
article. The Superior Court was substituted instead of the Su-
preme Court. This substitution was made in view of the Act of
1895, P. L. 212, relating to the Superior Court and regulating appeals
thereto. It was held in Sharon Hill Borough, 140 Pa. 250 that the
Act of 1889, P. L. 174 applied to cases of incorporation of boroughs
under the Act of 1889, P. L. 393. The words "twenty days" have
been changed to "six months" in conformity with the ruling in
"Scranton Sewer," 213 Pa. 4, and the Act of May 19, 1897, P. L. 67,
regulating appeals to the superior court. The time for taking the
apipeal has been changed from the date of recording to the date of
the' decree.
Section 6.
Is a section drafted from Section four of the Act of June 1, 1887,
176
P. L. 285. The Act of 1887 related to the detachment of territory
from boroughs and provided that where such territory was detached
it might be erected into a new borough. It seemed therefore to be
a method in which a borough might be erected and for this reason has
been inserted in this part of the code. In drafting this section
just such portion of the Act of 1887 as is germane to this article was
incorporated in the draft. The reference to Chapter eight, Article
one, Section twenty is a reference to the section relating to the
election of officers at special elections in the case of incorporation of
boroughs and has been made in order to keep the system uniform in
all boroughs.
CHAPTEK II.
AKTICLE V.
AMENDMENT AND ANNULMENT OF CHAKTEKS.
Section 1.
Is part of Section four of the Act of April 1, 1834, P. L. 163.
Section 2.
Is Section one of the Act of June 2, 1871, P. L. 283. From this
section has been omitted the clause relating to the procedure before
the Grand Jury which has been incorporated in Section three of
this Article and a more complete exposition will be found under
Section three of this Article.
Section 3.
Is a section drafted from Section three of the Act of 1834, P. L.
163 and Section one of the Act of June 2, 1871, P. L. 283. In the
draft of this Article a peculiar condition with regard to the law on
the subject of annulment and alteration of charters was found to
exist. The provisions of Section three of the Act of 1834, relating to
the procedure before the Grand Jury in the case of the incorporation
of a borough, were extended by Section four of that same act to
the case of the annulment or alteration of a borough charter. The
Act of 1871, which also provided for a procedure by the Grand Jury
in the case of the incorporation of boroughs, provided as follows:
"The foregoing regulations shall also apply to any application to
a court of competent jurisdiction under said acts, (meaning thereby
the Act of 1834 and the Act of 1851) or either of them, for a change
of borough limits or to alter or annul a borough charter." The
Grand Jury procedure in both of these acts was repealed by the
Act of 1895, P. L. 389, but it is to be observed that this repeal was
only so far as it related to the procedure in the case of the incor-
poration of a borough. It would therefore seem that this procedure
so far as it relates to the annulment or alteration of a charter was
177
still in force. It might be contended that the clause "Similar pro-
ceedings shall be had on such application as in the case of the in-
corporation of boroughs" which appears in Section four of the Act
of 1834, should be construed to mean that the proceedings for the
annulment or amendment of a charter should always be similar to
those of the incorporation of a borough. This idea is, however, not
recognized by the Act of 1871 because that act provides procedure
for the incorporation of a borough and does not recognize that it
would automatically apply to the case of the annulment or alteration
of a charter but provides so by a specific clause.
CHAPTER III.
CHANGE OF LIMITS BOUNDARIES WAKDS.
ARTICLE I.
CHANGE OF LIMITS.
Section 1.
Is a draft from Sections 1 and 3, Act of April 1, 1834, P. L. 163.
The act of 1834 after providing a procedure whereby a borough could
be incorporated provided in Section 3, that the same proceedings for
the change of borough limits should be had as was provided in the
act for the incorporation of a borough. So much of Sections 1 and
3, are incorporated in the draft appearing in Section 1, of this
article as give the borough power to change limits. The section is
limited to boroughs incorporated under the provisions of Chapter
II, Article I, of the code, and boroughs incorporated by the courts of
quarter sessions from towns or villages prior to the passage of this
act, because the authority to change borough limits as provided in
Section 3, of the Act of 1834, was restricted to boroughs incorporated
under that act, and therefore, applies only in the case where a bor-
ough is incorporated from a town or village. It was held in McFates
Appeal, 105 Pa., 323, that this procedure for changing borough lim-
its was still in force; to the same effect also see Waynesboro Exten-
sion, 6 Pa., C, C. 140.
Section 2.
Is a draft inserted pursuant to Section 5, of the Act of May 28,
1907, P. L. 264. The Act of 1907, provides a complete procedure for
the change of borough limits by the detachment of territory and its
annexation to a contiguous township. Section 5 thereof provides
"all laws or parts of laws which require the application for such
change of borough limits to be laid before the Grand Jury, and all
laws or parts of laws inconsistent herewith are hereby repealed."
178
The Act of April 1, 1834, P. L. 163, was the only act in force at the
time of the passage of the Act of 1907, upon which the provisions of
the later statute could operate. It was at first thought that the
effect of Section 5 upon the Act of 1834, was to retain in force the
provisions of the prior statute, so far as it related to the matter
covered by the Act of 1907, with the exception that the concurrence
of the Grand Jury should no longer be required. A more mature
deliberation led to the conclusion that it was the intention of the
Act of 1907, to repeal the Act of 1834, so far as it related to the mat-
ter covered by the subsequent act, so that in every case where it is
desired to change the borough limits by the detachment of territory,
and its annexation to a contiguous township, the provisions of the
Act of 1907, would have to be invoked. This conclusion is substan-
tiated by the fact that if the concurrence of the Grand Jury as pro-
vided in the Act of 1834, is eliminated its provisions are with the
exception of a few minor details exactly the same as the mode pro-
vided in the Act of 1907, and it would be doing violence to the
legislative intent to hold that they desired to have two separate
acts in force at the same time, prescribing the same procedure for
accomplishing the same purpose. Section 2, of the article, has there-
fore been inserted in order to restrict the power provided in Section
1, of the article, and to make the provisions of the Act of 1907, as
incorporated in the code the exclusive mode of changing of borough
limits by detaching territory therefrom, and annexing it to a con-
tiguous township.
Section 3.
Is part of Section 1, Act of June 2, 1871, P. L. 283.
Section 4.
Is Section 2, Act of April 1, 1834, P. L. 163, and that part of Sec-
tion 1, of the Act of June 2, 1871, P. L. 283, as relates to the signing
of the petition, it being sought to incorporate all the provisions relat-
ing to one subject at one place in the code. It was held in "Incorpora-
tion of Wilkinsburg Borough, 131 Pa., 368," that Section 2, of the
Act of 1834, was still in force.
Section 5.
Is part of Section 1, Act of June 2, 1871, P. L. 283. The remaining
part of the Section has been incorporated in- Section 4 of this article,
it being thought that clearer reading and better arrangement would
thereby be obtained.
Section 6.
Is part of Section 3, Act of April 1, 1834, P. L. 163. This section
has been divided in order to obtain clearer reading and better ar-
rangement, the other part appearing in Section 1, of this article.
For a fuller discussion, see the Exposition on Chapter III, Article
I, Section 1.
179
Section 7.
Is Section 4, Act of June 1, 1887, P. L. 285, omitting such portions
of the section as do not relate to the subject of boroughs, and also
omitting so much of the act which authorizes the court to detach part
of the territory of the borough, and annex it to an adjacent town-
ship or townships. The Act of 1907, P. L. 264, providing a complete
procedure whereby the borough limits may be changed by the de-
tachment of territory, and its annexation to a contiguous township
contained in Section 5, a clause repealing all acts or parts of acts
inconsistent therewith, and we have concluded that it repealed the
Act of 1834, so far as it related to the subject covered by the sub-
sequent statute. As Section 4, of the Act of 1887, so far as this propo-
sition is concerned had nothing to operate upon other than the pro-
visions of the Act of 1834, and since those provisions are repealed
by the Act of 1907, it necessarily follows that the provisions of the
Act of 1887, relating to this subject are no longer of any use. For
fuller discussion, see the Exposition on Section 2, of this article.
Section 8.
Is Section 5, Act of June 1, 1887, P. L. 285. Sections 7 and 8 of
this article taken from the Act of 1887, P. L. 285, supplementing
the Act of 1879, P. L. 150, which was itself a supplement to the Act
of 1851, P. L. 320, has been incorporated at this place, because at
the time of its passage it had nothing upon which to operate, so far
as a change of borough limits by the detachment of territory there-
from was concerned, other than the Act of April 1, 1834, P. L. 163.
An extract of Section 4, of the Act of 1887, was incorporated in
Chapter two, article four, of this act as it seems to provide an ad-
ditional means whereby a borough may be created.
Section 9.
Is Section 1, Act of May 17, 1883, P. L. 30, amending Section 1,
Act of June 11, 1879, P. L. 150. This act was held constitutional in
"in re borough of Pottstown," 20 W. N. C. 494.
Section 10.
Is part of Section 2, Act of June 11, 1879, P. L. 150. This act was
passed before townships were classified. In the section as drafted
"township commissioners" has been inserted, so that notice may be
given to townships of the first class.
Section 11.
Is part of Section 2, Act of June 11, 1879, P. L. 150.
Section 12.
Is Section 3, Act of June 11, 1879, P. L. 150.
Section 13.
Is part of Section 1, Act of June 8, 1874, P. L. 281.
Section 14.
Is a draft incorporating a provision for notice in this proceeding,
which did not appear in the original act. The act of 1874, P. L.
281, providing for the annexation of territory situated in two or more
180
intr
.counties to an adjacent borough, is open to some criticism. Perhaps
the most serious defect in the act is that it contains no provision
whereby a borough, to which it is proposed to annex any such terri-
tory, is apprised of such proceedings. The borough certainly should
have notice in view of the fact that if the prayer of the petitioners
is granted by the several courts to which it is presented the borough
to which the land is annexed must pay the cost of the proceedings.
Notice also should be given to persons residing in the territory pro-
posed to be annexed who are not petitioners. The act in its original
form enables persons to present their petition and the commissioners
to be appointed and report to the court and the court then to de-
cree such annexation, without notice to anybody. Doubtless, the
court would of its own motion direct notice to be given to all parties
interested, but in order to have the practice uniform a provision has
been inserted requiring a specific notice, the provisions being taken
from Section 1, Act of June 2, 1871, P. L. 283, which was an act for
the change of borough limits on petition of residents of the bor-
ough.
Section 15.
Is Section 2, and part of Section 1, of the Act of June 8, 1874, P.
L. 281. This Act of 1874, in addition to other objections, contained
provisions apparently inconsistent. Section 1, after providing a
method whereby territory might be annexed which lay in
"two or more counties" legislated for the appointment of commis-
sioners in substantially the following terms, each court should ap-
point one person as commissioner and the commissioners so chosen
should select "a third who should be a surveyor." From this last
clause it would seem the act was restricted to two counties and not
two or more counties. In order to clear this inconsistency the words
"a third" has been omitted, and the words "an additional one" has
been substituted.
Section 16.
Is Section 4, Act of June 8, 1874, P. L. 281.
Section 17.
Is a draft covering the provisions of Sections 3 and 5 of the Act
of June 8, 1874, P. L. 281. So much of Section 5, as imposes liability
upon the petitioners to compensate the commissioners, has been
omitted as the preceding section provides for the payment of the
cost of the whole proceedings which would include the pay of the
commissioners.
Section 18.
Is part of Section 1, Act of March 21, 1907, P. L. 25, amending act
of April 22, 1903, P. L. 247. It will be noted that Section 30, of the
Act of April 3, .1851, P. L. 320; Section 4, of the Act of June 2, 1871,
P. L. 283; the Act of July 15, 1897, P. L. 296; the Act of April 6,
1899, P. L. 33, and the Act of April 28, 1899, P. L. 115, so far as they
181
relate to the subject covered by this section have not been used,
it being held that they were all repealed by the Act of March 21,
1907, P. L. 25, in the following cases, to wit: Washington Borough,
26 P. S. C. 296; Donora Borough, 26 P. S. C. 300; and Extension of
Kutztown Borough, 19 D. K. 243.
Section 19.
Is part of Section 1, Act of March 21, 1907, P. L. 25, amending
Act of April 22, 1903, P. L. 247. What was in the original act con-
tained in one section has been divided in this code into two sections,
it being thought that better reading would thereby be secured. See
Exposition on preceding section for further discussion of the pro-
visions of this act.
Section 20.
Is Section 1, Act of May 28, 1907, P. L. 264.
Section 21.
Is Section 2, Act of May 28, 1907, P. L. 264.
Section 22.
Is Section 3, Act of May 28, 1907, P. L. 264. It is to be noted
that a draft from Section 5, of this act has been incorporated in the
code at Section 2 of this article. For further discussion see Ex-
position on that section.
Section 23.
Is Section 1, Act of May 11, 1901, P. L. 177, re-drafted so as to
make its provisions apply exclusively to the change of borough limits ;
it originally comprehending a change of township boundaries as
well.
Section 24.
Is part of Section 2, Act of May 11, 1901, P. L. 177.
Section 25.
Is a draft from part of Section 2, of the Act of May 11, 1901, P.
L. 177. While the section in its original form authorizes the court
to make such order upon the petition as to it shall seem right and
proper, it is silent as to the time from which the limits of the mu-
nicipal district affected shall be changed. Under the preceding sec-
tion, it, of course, could be at no time other than the time of the
decree granting the prayer contained in the petition, but it was
thought well to make this appear affirmatively in the code.
182
CHAPTER III.
ARTICLE II.
BOUNDARIES.
Section 1.
Is Section 1, Act of May 24, 1887, P. L. 203, so drafted as to re-
strict the provisions of the act to the subject of boroughs. It, being
in its original form applicable to townships and cities as well.
Section 2.
Is Section 1, Act of June 3, 1893, P. L. 284, so drafted as to
confine the provisions of the act to the subject of boroughs ex-
clusively.
Section 3.
Is part of Section 2, Act of June 3, 1893, P. L. 284, redrafted so
as to make its provisions apply exclusively to the subject of bor-
oughs.
Section 4.
Is part of Section 2, Act of June 3, 1893, P. L. 284, drafted so as
to make its provisions apply to the subject of boroughs exclusively.
Section 5.
Is Section 3, Act of June 3, 1893, P. L. 284. It is submitted that
the costs imposed on the county should be changed so as to make the
municipalities and townships liable.
Section 6.
Is Section 4, Act of June 3, 1893, P. L. 284. This section imposes
a duty upon municipalities other than boroughs, but as the munici-
palities affected are those adjoining boroughs, and the question in-
volved is one of a borough boundary line, it seems germane to a bor-
ough code.
Section 7.
Is Section 1, Act of May 5, 1911, P. L. 176.
Section 8.
Is part of Section 2, Act of May 5, 1911, P. L. 176. It seems that
this section will not permit the council to pass an ordinance over
the veto of the burgess.
Section 9.
Is part of Section 2, Act of May 5, 1911, P. L. 176.
Section 10.
Is Section 1, and part of Section 2, Act of June 13, 1883, P. L.
98. The act in its original terms provided that the petition should
fby the borough authorities. Just who the borough authorities
is rather indefinite, as it may include a burgess as well as the
n council. In view of the fact that any person interested, and
183
this would include the burgess or any tax payer of the borough,
could be heard by the court before a decree should be made on the
petition, it was thought advisable to substitute the borough coun-
cil instead of borough authorities, and thus leave no room for doubt,
as to what borough authorities were meant.
Section 11.
Is that part of Section 2, of June 13, 1883, P. L. 98, so drafted as
to make smooth reading in the code.
CHAPTEK III.
ARTICLE III.
WARDS.
Section 1.
Is Section 1, Act of May 14, 1874, P. L. 159, and Section 1, Act of
March 24, 1877, P. L. 47. So much of the Act of 1874, as authorized
the erection of new wards out of parts of two or more adjoining
wards was omitted from the section, as it was supplied by the Act
of March 24, 1877, P. L. 47, the provisions of which have been in-
corporated at this place.
Section 2.
Is Section 2, Act of May 14, 1874, P. L. 159. Much of the verbiage
of this section of the original act has been excluded as the propo-
sitions already appear in Section 1, of the code, and to retain them
in the code would be at the expense of a great deal of repetition.
Section 3.
Is Section 3, Act of May 14, 1874, P. L. 159. It will be noted that
the section of the original act does not specificially say that the
review shall be granted upon petition. The said section stating it
shall be granted if "said review is asked." The proper form of such
a request could only be by a petition, and it was thought clearer
reading could be obtained by making this affirmatively appear.
Section 4.
Is part of Section 1, Act of April 4, 1907, P. L. 44.
Section 5.
Is part of Section 1, Act of April 4, 1907, P. L. 44. What was
contained in one section of the original Act of 1907, has been di-
vided in the code into two sections, it being thought that clearer
reading would thereby be secured.
Section 6.
Is Section 4, Act of May 10, 1878, P. L. 51, as affected by the con-
stitutional amendments of 1909, and the Act of March 2, 1911, P. L.
8. Attention is called to the fact that Section 4, in its original
184
terms provided that borough officers shall remain in office only in
the case of a division of any borough into wards, and was silent as
to those cases where new wards are created from existing wards,
or where wards are divided, or their limits changed, as provided in
Section 1, of Article III, of the code. Tt seemed advisable to make
the provisions of Section 4, as incorporated in the code broad enough
to cover all the contingencies provided in Section 1, and the neces-
sary changes in Section 4, as incorporated has been made to accom-
plish this purpose.
Section 7.
Is Section 1, Act of June 24, 1895, P. L. 241.
CHAPTER IV.
ADJUSTMENT OF INDEBTEDNESS.
ARTICLE I.
^a) WHEN INCORPORATED FROM A TOWNSHIP.
Section 1.
Is a draft from part of Sections 1, 2 and 9 of the Act of June 12,
1878, P. L. 184. Section 24 of the Act of April 3, 1851, P. L. 320 has
not been used at this point at is seems to be supplied by this sec-
tion of the Act of 1878. Section 1 of the Act of April 12, 1866, P. L.
109, has also been omitted because its provisions so far as they re-
late to boroughs have been entirely supplied by the Act of 1878.
Section 2.
Is part of Section 1 of the Act of June 12, 1878, P. L. 184.
Section 3.
Is a part of Section 3 of the Act of June 12, 1878, P. L. 184.
What was originally Section 3 of the Act of 1878 has been divided
into two sections in this code.
Section 4.
Is a part of Section 3 of the Act of June 12, 1878, P. L. 184.
Section 5.
Is Section 4 of the Act of June 12, 1878, P. L. 184.
Section 6.
Is Section 5 of the Act of June 12, 1878, P. L. 184.
Section 7.
Is Section 6 of the Act of June 12, 1878, P. L. 184.
Section 8.
Is Section 7 of the Act of June 12, 1878, P. L. 184.
Section 9.
Is Section 8 of the Act of June 12, 1878, P. L. 184.
185
-"(b) WHEN BOROUGHS ARE RE-ESTABLISHED.
Section 10.
Is a section drafted from Section 3 of the Act of April 18, 1877,
P. L. 55. The reference to Chapter III, Article III, is to the chapter
and article where the remainder of this Act of 1877 will be found.
Section 11.
Is Section 3 of the Act of April 18, 1877, P. L. 55.
Section 12.
Is Section 4 of the Act of April 18, 1877, P. L. 55.
(c) WHEN LIMITS ARE CHANGED AND BOROUGHS
DIVIDED.
Section 13.
Is founded upon Section 1 of the Act of June 1, 1887, P. L. 285 and
the decision of the Supreme Court in "Sharon Hill Boro" 140 Pa.
250. The Act of 1887 in its original form provided for the adjust-
ment of indebtedness where the limits of a borough were changed
and where the procedure in such cases was before the grand jury.
It was at first thought that this procedure would not apply in a
case where the territory annexed was situate in two or more coun-
ties as provided in the Act of 1874, P. L. 281 and incorporated in
Chapter III, Article I, Sections thirteen, fourteen, fifteen, sixteen
and seventeen of this act, nor to a case where territory was annexed
on the petition of owners of out-lots as originally provided for by
the Act of 1907, P. L. 25, and incorporated in Chapter III, Article
I, Sections eighteen and nineteen of this act. In neither of these cases
was there any grand jury proceeding. However, in the case of
"Sharon Hill Boro/' cited above, it was held that this act applied
whenever boroughs were divided under the Act of 1889, P. L. 393,
and in view of this decision and the fact that no other proceedings
for the adjustment of indebtedness can be applied to these two spe-
cific cases, it has been drafted to include the annexation of terri-
tory where it is situate in different counties, and the annexation
of out-lots on petition of the owners of such out-lots.
Section 14.
Is Section 2 of the Act of June 1, 1887, P. L. 285.
Section 15.
Is part of Section 1 of the Act of June 1, 1887, P. L. 285. What
was originally Section 1 of the Act of 1887, has in this code been
divided into three sections for the purpose of clear reading.
Section 16.
Is part of Section 1 of the Act of June 1, 1887, P. L. 285.
(d) WHEN TERRITORY IS DETACHED.
Section 17.
Is a section drafted from Section 4 of the Act of May 28, 1907,
P. L. 264 and Section 3 of the Act of May 11, 1901, P. L. 177. Sec-
tion 4 of the Act of 1907 provided a procedure for the adjustment of
186
indebtedness when territory was detached from a borough and an-
nexed to a township. Section 3 of the Act of 1901 provided a pro-
cedure for the adjustment of indebtedness when territory was de-
tached from a borough by reason of natural or artificial obstructions
or causes. Both of these sections provided the same procedure and
with a few minor exceptions read verbatim. For this reason they
have been joined and the reference to Chapter III, Article I, Sec-
tions 20 to 24 is to the chapter and article where the procedure for
the detachment of territory in such cases is found. What was origi-
nally one section in both of these Acts has been divided into three
sections in this code for the purpose of clear reading.
Section 18.
Is a section drafted from Section 4 of the Act of May 28, 1907,
P. L. 264, and Section 3 of the Act of May 11, 1901, P. L. 177.
Section 19.
Is a section drafted from Section 4 of the Act of May 28, 1907,
P. L. 264, and Section 3 of the Act of May 11, 1901, P. L. 177.
CHAPTEK V.
GENERAL POWERS.
ARTICLE I.
In Chapter V has been incorporated only those general powers
given to boroughs upon which very few, if any, provisions have been
predicated; they are simply clauses granting power to boroughs to
do certain things, leaving the borough to put them into operation
as to it may seem best. This Chapter contains but one article which
has been divided into two sections; Section 1, dealing with the
powers which a borough has as a corporate body, and Section 2
being an enumeration of those powers which are vested in the cor-
porate officers.
Section 1.
Is part of Section 1, and Section 31, of the Act of April 3,
1851, P. L. 320. The reference to Chapter II of this act is to the
place where the mode of the creation of boroughs is found. There
was omitted from Clause 4 of Section 31, the words "the amount
limited in its charter'' and the words "the yearly value of f 3,000"
substituted. The substitution being taken from Section 31, of the
Act of 1851, P. L. 320. In this connection it may be stated that part
of Section 1, of the Act of April 1, 1834, P. L. 163, has been omitted
from this code, its provisions being superceded by Section 1, of the
Act of April 3, 1851, P. L. 320, incorporated at this place. Recommen-
dation: Clause four of this section should be omitted. It does not
meet present day conditions.
187
Section 2. Introductory Clause.
Is, a draft from Section 2, Act of April 3, 1851, P. L. 320, and
contains practically the same provisions except that the reference to
Chapter VII, in the code was substituted for a reference to the cor-
porate charter in the original act.
Section 2. Clause I.
Is part of Section 1, Act of June 5, 1913, P. L. 411, amending
Section 2, Clause 4, 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 2, Clause 3, Act of April 3, 1851, P. L. 320.
Clause II.
Is part of Section 2, Clause 23, Act of April 3, 1851, P. L. 320.
Clause III.
Is part of Section 2, Clause 20, Act of April 3, 1851, P. L. 320.
Clause IV.
Is part of Section 2, Clause 20, Act of April 3, 1851, P. L. 320.
Clause V.
Is part of Section 2, Clause 20, Act of April 3, 1851, P. L. 320. It
will be noted that what was contained in one clause of the original
act has here been divided into three clauses, it being thought that
clearer reading and better arrangement would thereby be secured.
Clause VI.
Is Sections 1 and 2 of the Act of June 27, 1913, P. L. 632, re-drafted
so as to restrict the act to the subject of boroughs, and to condense
its provisions into one clause. The general reference contained in
the original act to a procedure for ascertaining and collecting dam-
ages to abutting properties caused by the grading of streets has been
omitted, and a reference to Chapter VI, Article 2, substituted,
this being the place in this code where the provisions of the borough
law relating to the assessment and collecting of damages in the case
of grading streets has been incorporated.
Clause VII.
Is Section 1, Act of June 24, 1885, P. L. 168, amending Section 1,
Act of April 28, 1876, P. L. 51. The reference to "persons having
charge of the streets in the several boroughs" has been omitted for
the reason that even if the watering trough were erected by such
person, it would have to be by the consent of the town council, in
view of the fact that labor would be involved and money expended.
Further omission was made of those provisions relating to "char-
tered associations" as they are irrelevant to the subject of this code.
Generally the section has been so re-drafted as to eliminate all pro-
visions not germane, to do away with the useless verbiage, and to
predicate it upon the introductory clause of this section. The
penalty contained in Section 4 of the Act of May 28, 1876, P. L. 51,
has not been used as it is not germane to the borough code. Recom-
mendation: The words "at an expense not exceeding twenty dollars"
should be omitted.
188
Clause VIII.
Is part of Section 2, Clause 13, Act of April 3, 1851, P. L. 320.
Clause IX.
Is part of Section 2, Clause 13, Act of April 3, 1851, P. L. 320.
What was contained in one clause in the Act of 1851, has here been
divided into two clauses, it being thought that clearer reading could
thereby be obtained. The chapter, article and section to which
reference is made is the place in this code where the provisions of
the law relating to the proceedings for ascertaining and collecting
the costs of pavements in boroughs, has been incorporated.
Clause X.
Is part of Section 2, Clause 15, Act of April 3, 1851, P. L. 320.
Clause XI.
Is part of Section 2, Clause 7, Act of April 3, 1851, P. L. 320.
Clause XII.
Is part of Section 2, Clause 15, Act of April 3, 1851, P. L. 320.
It will be noted that this clause as appears in the original act has
been divided in this code into two clauses, the other part appearing
in Clause X, it being thought that clearer reading and better ar-
rangement would thereby be obtained. Recommendation: This clause
might include convenience, comfort and general welfare.
Clause XIII.
Is Section 1, Act of June 5, 1913, P. L. 434, No. 286. This section
has been so re-drafted as to eliminate the surplus verbiage and to
predicate it upon the introductory clause of Section 2, of the code.
Clause XIV.
Is Section 2, Act of May 25, 1907, P. L. 230. The surplus verbiage
being omitted and the section drafted in the infinitive form in order
to predicate it upon the introductory clause of Section 2, of the
article.
Clause XV.
Is Section 1, Act of May 25, 1907, P. L. 230.
Clause XVI.
Is part of Section 2, Clause 14, Act of April 3, 1851, P. L. 320.
Clause XVII.
Is Section 2, Clause 17, Act of April 3, 1851, P. L. 320.
Clause XVIII.
Is part of Section 2, Clause 18, Act of April 3, 1851, P. L. 320.
Recommendation: This clause should include the prevention of fires.
Clause XIX.
Is Section 2, Clause 18, Act of April 3, 1851, P. L. 320. The
original clause has been divided into two clauses in this code, as
it was thought better arrangement would thereby be secured. Recom-
mendation: "Fire engines" should be changed to "fire apparatus."
Clause XX.
Is Section 1, Act of May 23, 1907, P. L. 203. It is noted that the
Act of June 3, 1885, P. L. 55, relating to the erection of wooden
189
buildings in the boroughs has been omitted from this code, it being
entirely super-ceded by the Act of 1907, P. L. 203, incorporated at
this place.
Clause XXI.
Is Section 1, Act of May 8, 1907, P. L. 184, No. 147, with slight
changes and omissions in the wording of the section.
Clause XXII.
Is part of Section 2, Clause 14, Act of April 3, 1851, P. L. 320.
Clause XXIII.
Is part of Section 2, Clause 7, Act of April 3, 1851, P. L. 320. The
remainder of this clause being found in Clause 11 of this section
and article.
Clause XXIV.
Is part of Section 2, Clause 23, Act of April 3, 1851, P. L. 320.
The other part of this clause appearing in the code at Section 2,
Clause 2, of this article.
Clause XXV.
Is Sections 1 and 2, Act of May 5, 1876, P. L. 112, re-drafted in
order to restrict the act to boroughs, it comprehending in its original
form incorporated towns as well, and to join in one section what
was expressed in the original act in two sections. It is to be noted
at this place that Clause 19 of Section 2, of the Act of April 3,
1851, P. L. 320, has not been used in this code, it being superceded
by the Act of 1876, P. L. 112, incorporated at this place.
Clause XXVI.
Is part of Section 2, Clause XI, Act of April 3, 1851, P. L. 320.
The term "hawking" has been omitted as it is comprehended under
the word "peddling," and there is no good reason why the redundant
expression should be retained. The clause relating to the inspection
of milk is taken from the Act of April 20, 1869, P. L. 81.
Clause XXVII.
Is Clause 12, and part of Clause 11, of Section 2, Act of April 3,
1851, P. L. 320.
Clause XXVIII.
Is Section 2, Clause 25, Act of April 3, 1851, P. L. 320. This
provision of the law relates to dog taxes and it has been incorporated
here, because the taxation code excepts this subject from its pro-
visions.
Clause XXIX.
Is Clause 10, and part of Clause 9, of Section 2, Act of April 3,
1851, P. L. 320. So much of Clause 9 as relates to the subject of
dogs being joined with Clause 10, in order to bring all the legislation
on the same subject into one clause.
Clause XXX.
Is part of Section 2, Clause 9, Act of April 3, 1851, P. L. 320. So
much of this section as relates to the subject of dogs has been
omitted. It being incorporated in Section 2, Clause 29, of the article.
190
Clause XXXI.
Is part of Section 2, Clause 21, Act of April 3, 1851, P. L. 320.
Clause XXXII.
Is part of Section 2, Clause 21, Act of April 3, 1851, P. L. 320,
Clause 21 in its original form has been divided into two clauses
in this code. The other part of the clause appearing in Section 2,
Clause 31, of this article.
Clause XXXIII.
Is drafted from Sections 1 and 2 of the Act of June 5, 1913, P. L.
419. The draft contains the provisions of both sections, so far as
they relate to boroughs, and is drawn in the infinitive form, in order
to predicate it upon the enabling provisions set forth in the intro-
ductory clause of this section.
Clause XXXIV.
Is Section 1, Act of April 15, 1907, P. L. 80, re-drafted in order
to make it applicable exclusively to the subject of boroughs. As
the section originally stood it empowered not only cities, boroughs,
and townships to enter into contracts with street passenger rail-
way companies, etc., but authorized such companies to enter into
similar contracts with the municipalities. So far as the section re-
lates to cities and townships, and so far as its provisions have to
do with the right of a railway or other company to enter into con-
tracts, it must be omitted from this code as it is irrelevant to its
subject. The section has been re-drafted in order to eradicate these
irrelevant provisions and to predicate it upon the enabling pro-
visions of the introductory clause of this section.
Clause XXXV.
Is Section 1, Act of June 26, 1895, P. L. 332, No. 247, re-drafted
in order to restrict it to the subject of boroughs, it being applicable
in its original form to all municipalities.
Clause XXXVI.
Is Section 1, Act of March 15, 1909, P. L. 33, No. 15, re-drafted
in order to make its provisions applicable exclusively to the sub-
ject of the boroughs, it in its original form comprehending all munici-
palities.
Clause XXXVII.
Is Section 1, Act of June 25, 1895, P. L. 298, No. 216, omitting all
the surplus phrases.
Clause XXXVIII.
Is Section 1, Act of June 25, 1913, P. L. 550, No. 352, re-drafted so
as to make its provisions exclusively apply to the subject of bor-
oughs.
Clause XXXIX.
Is Section 1, Act of June 9, 1911, P. L. 863, amending Section 1,
.ct of March 21, 1907, P. L. 22.
13H 191
CHAPTER V I
SPECIAL POWKKS
ARTICLE I.
EMINENT DOMAIN.
In this Article have been included the provisions relating generally
to eminent domain. They must, of course, be separately read and
applied in each particular case. An arrangement to make a har-
monious reading was entirely impossible.
Section 1.
Is Section 2, Clause VIII of the Act of April 3, 1851, P. L. 320.
Section 2.
Is Section 1 of the Act of May 10, 1907, P. L. 196.
Section 3.
Is a part of Section 1 of the Act of June 7, 1907, P. L. 461. What
was originally Section 1 of the Act of 1907 has in this code been
divided into two sections for the purpose of clear reading.
Section 4.
Is a part of Section 1 of the Act of June 7, 1907, P. L. 461.
Section 5.
Is Section 2 of the Act of June 7, 1907, P. L. 461.
Section 6.
Is Section 1 of the Act of May 23, 1891, P. L. 109.
Section 7.
Is Section 1 of the Act of June 15, 1871, P. L. 391. In "Mill Creek
Sewer," 196 Pa. 183 it was held that this Act of 1871 was not repealed
by the Act of May 16, 1891, P. L. 75, which related to condemnation
proceedings and the assessment of damages and benefits incident
thereto in numerous cases of public improvement by municipalities.
Section 8.
Is a part of Section 1 of the Act of March 18, 1903, P. L. 28. What
was originally one section in the Act of 1903 has in this code been
divided into two sections for the purpose of clearer reading.
Section 9.
Is a part of Section 1 of the Act of March 18, 1903, P. L. 28.
Section 10.
Is Section 1 of the Act of May 21, 1895, P. L. 89. This section
has been re-drafted and much matter which was useless has been
omitted.
Section 11.
Is Section 2 of the Act of May 21, 1895, P. L. 89.
192
Section 12.
Is Section 1 of the Act of June 13, 1874, P. L. 283. In "Phila-
delphia's Appeal," 163 Pa. 70, it was held that this Act of 1874 was
not repealed by the Act of 1891, P. L. 116. The court, in that case,
held that the Act of 1874 provided for an appeal within thirty days
of the filing of the report of viewers, while the Act of 1891 provided
for an appeal within thirty days of the confirmation of the decree by
the Court of Quarter Sessions. These two provisions were therefore
not inconsistent with each other.
Section 13.
Is Section 2 of the Act of June 13, 1874, P. L. 283.
Section 14.
Is Section 1 of the Act of June 2, 1891, P. L. 172. This Act of
1891 is a supplement to the Act of 1874, P. L. 283, and the reference
to Sections 13 and 14 of this Article is to the sections in which the
Act of 1874 has been incorporated.
CHAPTER VI.
AKTICLE II.
CONDEMNATION PEOCEEDINGS IN COUET OF COMMON
PLEAS.
^ The material in this article is taken entirely from the Act of May
16, 1891, P. L. 75, and its several amendments and supplements.
This act in its original form is general to all municipalities, and
provides a minute procedure for the condemnation of property for
municipal improvements. In this draft it has been restricted to bor-
oughs. The material has been rearranged and in many cases the sec-
tions have been divided. In "Hand v. Fellows" 148 Pa. 456, it was
held that the Act of 1891, P. L. 75, did not repeal existing legisla-
tion upon the same subject, but conferred additional and cumulative
powers.
Section 1.
Is part of Section 1 of the Act of June 12, 1893, P. L. 459, amend-
ing Section 1 of the Act of May 16, 1891, P. L. 75. To this section
have been added the subjects of public buildings and works, water-
works, wharves and docks, libraries and parks and playgrounds.
This addition was necessitated by reason of the elimination of emi-
nent domain procedures on these subjects and the adoption of the
procedure set forth in this artcle.
Section 2.
Is part of Section 1 of the Act of June 12, 1893, P. L. 459, amend-
ing Section 1 of the Act of May 16, 1891, P. L. 75. What was origi-
nally Section 1 of this Act of 1893 has, in this code, been divided
into three sections for the purpose of clearer reading.
193
Section 3.
Is a part of Section 4 of the Act of May 16, 1891, P. L. 75. This
Section 4 of the Act of 1891 has been divided into two sections be-
cause it was felt that the two sentences of the section were not
germane to each other.
Section 4.
Is a part of Section 1 of the Act of J une 12, 1893, P. L. 459, amend-
ing Section 1 of the Act of May 16, 1891, P. L. 75.
Section 5.
Is a part of Section 1 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 2 of the Act of May 16, 1891, P. L. 75. What was
originally Section 1 of the Act of 1903 has, in this code, been di-
vided into five sections for the purpose of clear reading.
Section 6.
Is Section 3 of the Act of May 16, 1891, P. L. 75. From this sec-
tion was omitted the clause "or by the vacation of any public high-
way." This omission was made pursuant to the ruling in the case
of "Howell v. Moriisville Boro," 212 Pa. 349, in which it was held
that this section gave no right to damages for the vacation of a
public highway, but was inserted in the Act of 1891 to cover certain
cases arising under local and special legislation, and hence seems
to have no application to general borough legislation. This deficiency,
however, has since been supplied by the Act of 1913, P. L. 633.
The words "total cost of the improvement" were substituted in
this section for the words "said damages." This change was dictated
by the conclusion of the court in "In re petition of the city of New
Castle," 16 Pa. C. C. 478, wherein it was held that the phrase "said
damages" should be construed as though it were "total cost of the
improvement." This conclusion seemed reasonable and serves greatly
to clarify the reading of the section and was therefore adopted.
Section 7.
Is a part of Section 1 of the Act of May 15, 1913, P. L. 215.
Section 8.
Is part of Section 1 of the Act of May 15, 1913, P. L. 215. This
Act of 1913 is a supplement to the Act of May 16, 1891, P. L. 75,
which comprises the greater part of this article.
Section 9.
Is part of Section 1 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 2 of the Act of May 16, 1891, P. L. 75.
Section 10.
Is part of Section 1 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 2 of the Act of May 16, 1891, P. L. 75.
Section 11.
Is part of Section 1 of the Act of April 2, 1903, P. L. 124, amen<
ing Section 2 of the Act of May 16, 1891, P. L. 75.
194
Section 12.
Is part of Section 1 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 2 of the Act of May 16, 1891, P. L. 75.
Section, 13.
Is a part of Section 4 of the Act of May 16, 1891, P. L. 75. From
this part of Section 4 has been omitted the clause fixing the pay of
viewers at five dollars per day. This pay is now fixed by the Act of
1911, establishing a county board of viewers.
Section 14.
Is a part of Section 5 of the Act of May 16, 1891, P. L. 75. This
Section 5 has been divided in this code into three sections. It was
thought that clearer reading and better arrangement would thereby
be secured.
Section 15.
Is a part of Section 5 of the Act of May 16, 1891, P. L. 75.
Section 16.
Is a part of Section 5 of the Act of May 16, 1891, P. L. 75. This
part of Section 5 of the Act of 1891 has been greatly changed from
its original form. This change was necessitated because the sec-
tion as it appeared in the pamphlet laws was without sense. In this
arrangement the idea which was evidently in the mind of the Legis-
lature has been preserved. This same section was incorporated in
the Act of 1913 relating to the government of cities of the third
class and in that act has been materially changed from its original
form.
Section 17.
Is a part of Section 2 of the Act of April 2, 1903, P. L. 124,
amending Section 6 of the Act of May 16, 1891, P. L. 75. What
was originally Section 2 of this Act of 1903 has in this code been
divided into three sections for the purpose of clearer reading and
better arrangement.
Section 18.
Is a part of Section 2 of the Act of April 2, 1903, P. L. 124,
amending Section 6 of the Act of May 16, 1891, P. L. 75.
Section 19.
Is Section 1 of the Act of April 18, 1905, P. L. 198, which is a
supplement to the Act of May 16, 1891, P. L. 75.
Section 20. f
Is a part of Section 2 of the Act of April 2, 1903, P. L. 124,
amending Section 6 of the Act of May 16, 1891, P. L. 75. It is to
be noted that this section originally provided that any person might
appeal within thirty days after the confirmation of the report. This
has been changed to six months in view of the ruling of the Supreme
Court in "Scranton Sewer" 213 Pa. 4, in which it was held, on a
motion to quash an appeal, because it was not taken within thirty
days from the confirmation of the report of viewers, that the word-
ing in the Act of 1903, was simply one of permission and did not take
195
away the right given by the Act of 1897, P. L. 67 to appeal within
six" months. There seems, therefore, no reason why this provision
of thirty days should remain in this section, and it was thought best
to insert the real time which it has been decided, governs in such
cases.
Section 21.
Is part of Section 2 of the Act of April 18, 1905, P. L. 198. This
Section 2 of the Act of 1905 has in this code been divided into four
sections. It was thought thereby to secure clearer reading and bet-
ter arrangement.
Section 22.
Is a section drafted from part of Sections 2 and 5 of the Act of
April 18, 1905, P. L. 198.
Section 23.
Is a part of Section 2 of the Act of April 18, 1905,
P. L. 198.
Section 24.
Is a part of Section 2 of the Act of April 18, 1905,
P. L. 198.
Section 25.
Is a part of Section 3 of the Act of April 18, 1905,
P. L. 198.
Section 26.
Is a part of Section 3 of the Act of April 18, 1905,
P. L. 198.
Section 27.
Is Section 4 of the Act of April 18, 1905, P. L. 198.
Section 28.
Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 6 of the Act of May 16, 1891, P. L. 75. What was origi-
nally Section 2 of the Act of 1903 has in this code been divided into
a number of sections.
Section 29.
Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 6 of the Act of May 16, 1891, P. L. 75.
Section 30.
Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 6 of the Act of May 16, 1891, P. L. 75.
Section 31.
Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 6 of the Act of May 16, 1891, P. L. 75.
Section 32.
Is a part of Section 5 of the Act of April 18, 1905, P. L. 198 and is
incorporated in this part of this article because it seems to contem-
plate not only the appeals spoken of in the Act of 1905 which are
those from the confirmation of the report; but also appeals after
196
verdict and final judgment on a jury trial in the Court of Common
Pleas as provided by the Act of 1891, P. L. 75, to which this Act
of 1905 is a supplement.
Section 33.
Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend-
ing Section 6 of the Act of May 16, 1891, P. L. 75.
Section 34.
Is Section 7 of the Act of May 16, 1891, P. L. 75.
Section 35.
Is a part of Section 10 of the Act of May 16, 1891, P. L. 75.
CHAPTEK VI.
AKTICLE III.
DAMAGES FOE INJURY TO PROPERTY.
Section 1.
Is Section 1 of the Act of May 28, 1913, P. L. 368. The matter con-
tained in this article comprehended so many cases in which damages
might have been assessed, that it was felt that a separate article
should be made of this material.
Section 2.
Is Section 2 of the Act of May 28, 1913, P. L. 368.
Section 3.
Is Section 3 of the Act of May 28, 1913, P. L. 368.
Section 4.
Is Section 4 of the Act of May 28, 1913, P. L. 368.
Section 5.
Is Section 1 of the Act of June 27, 1913, P. L. 633. This act seems
to have been passed to cover the deficiency in the law as pointed out
in "Howell v. Morrisville Borough" 212 Pa. 349, in which it was
held that the Act of 1891, P. L. 75, gave no right to damages- for
the vacation of a public highway.
197
CHAPTEE VI.
ARTICLE IV.
OPENING, WIDENING, EXTENDING, STRAIGHTENING, AND
VACATING STREETS.
The statutory law on the subject of opening, widening, straighten-
ing, etc., of borough streets without a petition for the improvement
and the procedure for the assessment of damages therefor, are in a
state of great confusion. In some cases the acts overlap one an
other, in others the intent is obscure, and in still others the pro-
cedure seems to be incomplete. It is thought advisable therefore,
before discussing the separate sections of this article to give a brief
history of the legislation on this subject.
Prior to the Act of April 3, 1851, P. L. 320, streets in boroughs
were laid out by the Court of Quarter Sessions, on petition of any-
one residing in the district in which the streets were to be located,
under the act of June 13, 1836, P. L. 551. By Section 2, Clause 2,
of the Act of April 3, 1851, P. L. 320, it was provided that the bor-
ough council should have power to lay out, widen, straighten, etc.,
streets, and it was held in " Somerset and Stoyestown Road, 74 Pa.
61, and in Palo Alto Road, 160 Pa. 104" that the Act of 1836 was
repealed so far as inconsistent by the Act of 1851, and that subsequent
to this latter act a street wholly within a borough was to be laid out
by the borough council and burgess, and not by the Court of Quar-
ter Sessions. The manner of assessing damages, however, was not
changed, clause 3, Section 27, of the Act of 1851, expressly applying
the procedure provided in the general road act of 1836.
Whether the borough council after it had laid out and opened a
street could of its own volition petition the Court of Quarter Ses-
sions to assess the damages, or whether the petition had to be by some
person whose property was damaged or someone other than the bor-
ough council, is not clear, but by the Act of April 22, 1856, P. L.
525, the council and burgess were expressly given power to petition
the Court of Quarter Sessions to assess damages when they had or
were about to open, widen, or extend a borough street or alley, and
thereupon the court was authorized to appoint seven viewers, which
the amendment of 1911, P. L. 1085, changed to three, who should
assess, the damages and file a report.
This act of 1856 seems to have taken away the right of the prop-
erty owner, whose land was damaged, to petition for the assessment
and placed it in the borough authorities, leaving the individual as
his protection a bill in equity or exceptions and appeal to the action
of the viewers or of the court thereon. See Lucas v. Washington
198
Borough, 2 Pa. C. C. 630; Trickett on "Pennsylvania Borough Law,"
page 284, Section 229 and page 359, Section 287; and Somerset v.
Stoyestown Koad, 74 Pa. 61.
By the Act of March 19, 1903, P. L. 35, amending the Act of March
16, 1891, P. L. 75, as amended by the Act of May 2, 1895, P. L.
106, provisions were made for the opening, etc. of streets in munici-
palities without petition of the property owner, and it was held in
Dorrance v. Dorranceton Borough, 181, Pa. 164, and Pennsburg Alley,
12 Pa. C. C. 213, that although this Act of 1891 as amended did not
confer any powers to boroughs additional to that which they had by
the Act of 1851, it did prescribe new conditions in regard to the
passage of the ordinances for putting the power into operation.
It seems the amendments of 1895 and 1903, provided additional
means for the assessment of damages for such improvements, in that
the petition to assess such damages could be at the instance either
of the borough or of any party in interest to the court of common
pleas, and it was held in Hanover Boroughs Appeal, 150 Pa. 202, that
where a borough street was laid out under the act of 1851, an in-
dividual whose property was damaged could petition the court of
common pleas for an assessment of the same, under the provisions
of the Act of May 16, 1891.
It cannot be successfully contended that this Act of 1891, as
amended provides an exclusive method for assessing such damages,
as the Legislature in 1911, in amending the Act of 1856, have ex-
pressly recognized it as being in force.
As a conclusion from what has been said above, it appears there
are three methods whereby damages may be assessed for the open-
ing, widening, straightening, etc., of borough streets where such
action is taken by the borough council without a petition for the
improvement.
First. By the borough council to the court of common pleas under
the Act of May 16, 1891, P. L. 75, as amended by the Act of March
19, 1903, P. L. 35.
Second. By the property owner whose land is damaged, to the
court of common pleas under the Act of May 16, 1891, P. L. 75,
as amended by the Act of March 19, 1903, P. L. 35.
Third. By the council and burgess to the court of quarter sessions
under the Act of April 22, 1856, P. L. 525, and the following acts
supplementary to the procedure in the court of quarter sessions,
to wit: The Act of March 27, 1903, P. L. 83, authorizing an ex-
ception to the report of such viewers ; and the acts of April 15, 1891,
P. L. 17, and May 26, 1891, P. L. 116, both authorizing appeals to
the court of common pleas for a jury trial. By the Act of May 2,
1901, P. L. 113, Section one, of the Act of 1856, P. L. 525, was
amended, its purpose being two-fold; to change the jurisdiction for
assessing damages in such cases from the court of quarter sessions
to the court of common pleas and to extend the procedure to the
199
case of foot-walks along the sides of turnpike roads. By the Act of
June 20, 1911, P. L. 1085, Section one, of the Act of 1856 was again
amended, but the Legislature overlooked the Act of 1901, and cited
for amendment the original provisions of the Act of 1856. The
only purpose of the Act of 1911 was to change the number of viewers
from seven to three. In conformity with the ruling in Mercer sburg
College v. Mercersburg Borough, 53 Pa. Supt. Co. 388, both these
amendments must be taken as law so far as they are not inconsistent
so that so far as procedure for assessing damages or opening, widen-
ing, straightening, etc., of streets, the court of quarter sessions again
has jurisdiction, and in the case of side-walks abutting turnpike roads,
the provisions of the amendment of 1901 apply and the procedure is
in the court of common pleas.
There seems to be no good reason why this procedure for assess-
ing damages in the court of quarter sessions should be retained.
The Act of May 16, 1891, is comprehensive enough to include any
case which might arise. The acts relating to the procedure in the
court of quarter sessions for assessing the damages have been omitted
from this code, and will be repealed as far as they relate to boroughs
so that there will exist but one method for doing one thing. The
fact that the Legislature changed the procedure by the amendment
of 1901 from the court of quarter sessions to the court of common
pleas seems to indicate that they wished to have in force but one
method of procedure, to wit: In the court of common pleas. As
stated the amendment of 1911 changed the procedure again and re-
stored it originally to the court of quarter sessions purely through
an oversight as the whole intention of the act was simply to change
the number of viewers which had already been done by the Act
of 1901. Recommendation: It is suggested that the last sentence of
this section be omitted.
Section 1.
Is a draft comprehending the provisions of Section 2, Clause 2,
and part of Section 27, Clause 3, Act of April 3, 1851, P. L. 320, and
Section 1, Act of March 19, 1903, P. L. 35, amending Act of May
16, 1891, P. L. 75, as amended by the Act of May 2, 1895, P. L. 106.
Section 2.
Is Section 1, Act of July 12, 1897, P. L. 246, amending Section 3,
Clause 8, Act of April 3, 1851, P. L. 320.
Section 3.
Is Section 1, Act of March 19, 1903, P. L. 35, amending Act of
May 16, 1891, P. L. 75, as amended by the Act of May 2, 1895, P.
L. 106.
Section 4.
Is Clause 5, Section 27, Act of April 3, 1851, P. L. 320. Attention
is called to the fact that part of Section 2, Clause 3, of the Act of
April 3, 1851, P. L. 320, providing that boroughs shall have power
to prohibit the erection or construction of any building, work,
200
Ui
'
cavation or other obstruction to the opening, widening, 01 straighten-
ing of streets, etc., has been omitted from the code, it being thought
that Clause 5, of Section 27, incorporated at this place completely
legislates for the subject and that the provision of Section 2 is sur-
plusage. Moreover, it would be inconsistent to make it unlawful to
do certain things and later on state that boroughs shall have power
to prohibit the same. So far, however, as Section 2, Clause 3, of
this Act of 1851, authorizes a borough to prohibit the erection of
such obstructions to the convenient use of streets already laid out,
its provisions have been retained and appear in this code in Chapter
5, Article 1, Section 2, Clause 2. So much of Clause 5, Section 27,
as relates to the subject of sewers has been omitted as its provisions
appear in a subsequent article devoted to that subject.
Section 5.
Is a draft from Section 1, Act of April 28, 1899, P. L. 100, amend-
ing Section 8, Act of May 16, 1891, P. L. 75. The reference to Chapter
six, Article two is the place in this code where the procedure for
the assessment of damages in the court of common pleas has been
incorporated. That this procedure obtains in such a case is decided
affirmatively in Hanover Boroughs Appeal, 150 Pa. 202. Attention
is again called to the fact that the procedure for assessing damages
in the courts of quarter sessions, which would logically have appeared
at this place, has been omitted for the reason set forth in the discus-
sion introductory to this article.
Section 6.
Is Section 27, Clause 4, Act of April 3, 1851, P. L. 320.
Section 7.
Is part of Section 1, Act of March 19, 1903, P. L. 35, amending
Section 9, Act of May 16, 1891, P. L. 75, so drafted as to make its pro-
visions exclusively apply to the subject of boroughs.
Section 8.
Is a draft made from part of Section 1, of the Act of March 19,
1903, P. L. 35, amending Section 9, Act of May 16, 1891, P. L. 75,
and part of Section 10, Act of May 16, 1891, P. L. 75, in order to in-
corporate all the provisions of the law relating to the subject of the
petition at one place in the code.
Section 9.
Is Section 1, Act of March 19, 1903, P. L. 35, amending Act of
May 16, 1891, P. L. 75, as amended by the Act of May 2, 1895, P. L.
106. Recommendation: The conditions attached to the passage of
the ordinance should be removed. The procedure is at the instance
of the propierty owners.
Section 10.
Is part of Section 10, Act of May 16, 1891, P. L. 75. This section
of the original act has been divided into three sections in the code,
it being thought that clearer reading could thereby be obtained.
201
Section 11.
" Is part of Section 10, Act of May 16, 1891, P. L. 75.
Section 12.
Is part of Section 10, Act of May 16, 1891, P. L. 75.
Section 13.
Is a draft from Section 1, Act of April 28, 1899, P. L. 100, amend-
ing Section 8, Act of May 16, 1891, P. L. 75. The reference to Chap-
ter six, Article two, are to other sections of the Act of 1891, P. L. 75,
as amended, the reference being made instead of re-writing pro-
visions of those sections a second time in this code.
Section 14.
Is Section 1, Act of June 1, 1911, P. L. 541, re-drafted so as to
exclude the subject of common sewers which has been reserved for
a later article.
Section 15.
Is Section 1, Act of May 9, 1889, P. L. 173, Act No. 192.
CHAPTEE VI.
ARTICLE V.
VACATION OF KOADS AND STREETS.
(a) ROADS LAID OUT BY THE COMMONWEALTH.
Section 1.
Is Section 1 of the Act of March 21, 1905, P. L. 46.
Section 2.
Is Section 2 of the Act of March 21, 1905, P. L. 46. From this
section was stricken the phrase relating to the assessment of dam-
ages. The section provided that damages should be assessed as "now
provided for by law in reference to payment of costs, damages and
expenses of public improvements within municipal corporations."
A specific reference has instead been made to Chapter six, Article
two, which article contains a complete procedure in such cases and
is undoubtedly that to which this section of the Act of 1905 had
reference.
(b) LANES AND ALLEYS DECLARED NUISANCES BY
BOARD OF HEALTH.
Section 3.
Is a part of Section 1 of the Act of June 20, 1911, P. L. 10S7.
amending Section 1 of the Act of April 17, 1905, P. L. 193. A pe-
culiar situation was discovered with regard to the law contained
in this subhead of this article. By the Act of 1905, P. L. 193, a pro
cedure was provided whereby alleys, etc., which had been declared
202
nuisances could be vacated by the Court of Quarter Sessions. This
procedure was re-enacted verbatim with the addition of a proviso,
by the Act of 1907, P. L. 503. This Act of 1907 had no reference
to the Act of 1905. The Act of 1905 was amended by the Act of
June 20, 1911, P. L. 1087 and the Act of 1907 was amended by the
Act of June 19, 1911, P. L. 1036. Both of these amendments were
exactly the same and therefore in this code the Act of June 20, 1911,
P. L. 1087, being the later one, has been used. Both of these amend-
ments and the original acts are to be repealed by this code so far
as they relate to boroughs.
Section 4.
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 5.
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. Sec-
tions, five, six and seven have largely been re-drafted. The law
was not changed in any respect but the matter was rearranged and
much surplusage was omitted.
Section 6.
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 7.
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. Attention
is called to this section to the fact that it is hard to comprehend who
would be defendant in such an action.
Section 8.
Is a part of section 1 of Act of June 20, 1911, P. L. 1087,
amending Section 1 of the Act of April 17, 1905, P. L. 193.
> 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