forests, it shall so declare in an ordinance, wherein shall be set forth all facts and conditions relating to the proposed action; which proposed ordinance shall be advertised once a week for three weeks prior to its passage..

Drafted from part of Sec. 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.

(680). 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.

Drafted from part of Sec. 2, Act of April 22, 1909, P. L. 124.

(681). 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 administration 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, maintenance, protection and development as shall be necessary or expedient. 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.

This section was drafted from Sec. 3, and part of Sec. 5, Act of April 22, 1909, P. L. 124. So much of Sec. 3 as provides that "the proper authorities shall notify the Commissioner of Forestry" and "the municipal authorities shall thereupon publish such rules" was omitted and these duties enjoined on the borough council, in order to leave no doubt who is to perform them.

(682). Section 6. All moneys necessary to be expended for the administration, maintenance, protection and development of such forests shall be appropriated and applied as is now done for borough purposes; all revenue and emoluments arising from such forests. shall be paid into the borough treasury to be used for general borough purposes.

Drafted from Sec. 4, Act of April 22, 1909, P. L. 124.

(683). Section 7. Municipal forests may be used by the public as general outing or recreation grounds subject to the rules governing their administration as municipal forests.

Drafted from part of Sec. 5, Act of April 22, 1909, P. L. 124.

(684). 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.

This section was drafted from Sec. 6, Act of April 22, 1909, P. L. 124, wherein reference only is made to the method of procedure while in the present section it is set out in detail. The provision requiring advertisement after passage was omitted.

CHAPTER X.

LIBRARIES.

ARTICLE I.

This entire chapter was supplied and repealed by Act of July 20, 1917, P. L. 1143. For the provisions of this Act see Appendix, Chapter 14, Sections 902 to 930, inclusive.

(685). Section 18. When, by any gift or bequest, any estate, real or personal, is given or bequeathed for the purpose of establishing, in a borough, a free public non-sectarian library, on a permanent basis, for the use of the residents of the borough, and there is attached to such gift or bequest a condition that the borough shall provide for the maintenance, in whole or in part, of the library, or the maintenance of a librarian of such library, or both, the borough may enter into a perpetual contract with the donor, or the representative of any testator or corporation created to execute such gift or bequest, for the payment annually of a certain fixed sum of money, at such periods as may be agreed upon between the contracting parties. Such sum shall be applied for the maintenance of the library, or for the employment and maintenance of a suitable librarian, or both, in accordance with the terms of the gift or bequest.

The borough shall appropriate annually for the compensation of such librarian and maintenance of such library a sum not to exceed the amount of one mill on a dollar on all taxable property in the borough.

(Amendment of July 6, 1917, P. L. 704, Sec. 32.)

This section is new matter added on above date. The Act of July 20, 1917, P. L. 1143, is "intended to furnish a complete and exclusive system in itself so far as relates to free public non-sectarian libraries supported wholly or in part by the several municipalities," etc. It is therefore probable that this section is also repealed.

CHAPTER XI.

BURIAL GROUNDS.

ARTICLE I.

(686). 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.

Drafted from Sec. 2, Clause 16, Act of April 3, 1851, P. L. 320. An ordinance of a borough council prohibiting burial in a cemetery within certain boro limits is a valid exercise of the police power, and is constitutional. A fine of $50.00 is not excessive for violation of the ordinance. Blakely Borough vs. Gilinsky, 44 Pa. C. C. 443, s. c. 8 M. L. R. 74, 17 Lack. J. 14.

Sec. 7, Article 3 of the Constitution prohibits the general assembly from passing any local or special law relating to cemeteries or graveyards.

(687). 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.

Drafted from Sec. 1, Act of April 23, 1909, P. L. 155.

(688). 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 companies.

Drafted from Sec. 2, Act of April 23, 1909, P. L. 155, wherein "borough clerk" is replaced in the present section by "borough secretary."

(689). 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 recorded in the office of the recorder of deeds of the county.

Drafted from Sec. 3, Act of April 23, 1909, P. L. 155. The word "secretary" replaces the word "clerk" in the original section.

(690). Section 5. Authority is vested in the court of quarter session 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 burial ground.

Drafted from Sec. 2, Act of May 13, 1876, P. L. 159.

From this section has been omitted the clause authorizing the courts "to enforce their decrees by proper process."

(691). Section 6. Upon the petition of any incorporated cemetery company and a majority of the taxables of any borough, the court 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.

Drafted from part of Sec. 3, Act of May 13, 1876, P. L. 159.

(692). 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 purchase 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 original plot of such cemetery, and may dispose of such grounds in the same manner as such incorporated company could have done.

Drafted from part of Sec. 3, Act of May 13, 1876, P. L. 159.

(693). Section 8. A deed for any lot, made by the burgess, shall be of the same validity as the deed of such incorporated cemetery company; 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.

Drafted from part of Sec. 3, Act of May 13, 1876, P. L. 159.

(694). Section 9. 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.

Drafted from part of Sec. 3, Act of May 13, 1876, P. L. 159, which reads "without cost to surviving friends" now changed in above section to read "without cost to surviving relatives or friends."

(695).

Section 10.

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 nuisance; or when such cemetery hinders the improvements, and progressive interests of any borough, or is desired by the borough for any 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 vicinity, 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 building, or for any other public purpose; and after three weeks of advertisement, may direct the removal of the remains of the dead from such burial ground.

* *

Drafted from part of Sec. 1, Act of April 29, 1909, P. L. 291, wherein the provision "upon petition of the managers, officers *"" was changed in the present section so as to omit the word "officers." (696). Section 11. Nó 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.

Drafted from part of Sec. 1, Act of April 29, 1909, P. L. 291, wherein the provision "that no such application shall be made by the managers, officers or trustees of such society or church" was changed in the present section to read "No application-shall be made by the managers of any cemetery, in charge of any society or church."

(697). 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 removal to such other burial ground as may be selected; or if so desired by relatives or friends, to some cemetery in the immediate vicinity.

Drafted from part of Sec. 2, of the Act of April 29, 1909, P. L. 291, amending Sec. 2 of the Act of May 12, 1887, P. L. 96. The clause “at their own expense" was changed to "at the expense of the party making such removal." In the original act it was hard to ascertain just at whose expense this removal was to be made, but as it is punctuated in the original section, it seems to relate to both the managers of the cemetery company and the borough, depending on which is making the removal.

(698). Section 13. The parties making such removal shall publish, for two successive weeks, in two daily or weekly newspapers of the borough or county, a notice declaring their intention to remove such remains.

Drafted from part of Sec. 2, Act of April 29, 1909, P. L. 291.