This section was drafted from Sec. 1, Act of June 1, 1887, P. L. 285. This act applies only to the adjustment of indebtedness where the limits of a borough were changed where the procedure was before the grand jury. To this has been added a clause to include the adjustment of indebtedness in the cases of the annexation of territory where it is situate in different counties and the annexation of out-lots upon the petition of the owners. This addition was made on the authority of "Sharon Hill Borough,” 140 Pa. 250.

(98). Section 14. The court shall, at the time of making the appointment, 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.

This section was drafted from Sec. 2, Act of June 1, 1887, P. L. 285. (99). Section 15. The auditor shall ascertain the liabilities of the several boroughs and townships affected, the amount and value of the property owned by each, the amount and value of the property passing to and from each borough and township, and the assessed valuation of all property liable to taxation for borough or township purposes, as shown by the last assessment, and within the limits of the part annexed to or detached from such borough. He shall report the same to the court, with the form of a decree adjusting the liabilities equitably between such boroughs and townships, respectively.

This section was drafted from part of Sec. 1, Act of June 1, 1887, P. L. 285.

(100). Section 16. The court shall direct the amounts that shall be paid by such boroughs and townships, and the time and mode of payment, 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. The costs and expenses of the proceedings shall be paid as the court shall direct. This section was drafted from part of Sec. 1, Act of June 1, 1887, P. L. 285.

The last provision covering "costs and expenses" is new.

(d) When Territory is Detached.

(101). Section 17. Whenever under the provisions of chapter three, article 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.

This section was drafted from parts of Sec. 4, Act of May 28, 1907, P. L. 264, and Sec. 3, Act of May 11, 1901, P. L. 177. Both of these

sections provided the same procedure for the adjustment of indebtedness, the first where territory was detached from a borough and annexed to a township, and the latter where territory was detached from a borough by reason of natural or artificial obstructions or causes.

(102). 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 assessed valuation of the portion detached, the amount of indebtedness 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 adjustment of the indebtedness of the boroughs and townships affected as he shall deem equitable.

This section was drafted from parts of Sec. 4, Act of May 28, 1907, P. L. 264, and Sec. 3, Act of May 11, 1901, P. L. 177. See note to Sec. 101 supra.

(103). 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. The costs and expenses of the proceedings shall be paid as the court shall direct.

This section was drafted from parts of Sec. 4, Act of May 28, 1907, P. L. 264, and Sec. 3, Act of May 11, 1901, P. L. 177. See note to Sec. 101 supra.

CHAPTER V.

GENERAL POWERS.

ARTICLE I.

(104). Section 1. A borough may:—

I.

(105). II.

(106). III.

(107). IV.

Have succession perpetually by its corporate name. Sue and be sued, and complain and defend in the courts of the Commonwealth.

Make and use a common seal, and alter the same at pleasure.

Purchase, hold, lease, let, and convey such real and personal estate as the purposes of the borough shall require.

This section was drafted from Sec. 1, Act of April 3, 1851, P. L. 320. In Clause IV the power to "lease" and "let" is new. The limitation to hold real estate to the yearly value of $3000 has been omitted as not meeting present day conditions.

(108). Section 2. The powers of the borough shall be vested in the corporate officers. They shall have power:

Drafted from the introductory clause of Sec. 2, Act of April 3, 1851, P. L. 320, which section contained the additional provision "designated in the charter." This was omitted in the present act.

(109). 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.

This clause was drafted from Sec. 2, Clause 4, Act of April 3, 1851, P. L. 320, as amended by Sec. 1, Act of June 5, 1913, P. L. 411, and from Sec. 2, Clause 3, Act of 1851.

The consent of the borough is a condition precedent to the lawful occupancy of its streets by a street railway company, although where the consent has not been obtained in advance, there may be a subsequent ratification.

The right to build sidings and switches is included as a necessary incident to the grant of the right to build a street railway.

Borough authorities may exercise reasonable control over the manner in which switches are laid or sidings constructed, which should be so as to cause the least possible inconvenience to traffic. In case of any irreconcilable controversy upon this subject a court of equity will have jurisdiction to determine what is reasonable occupancy of the streets under the circumstances.

Pittsburgh Rys. Co., et al., vs. Borough of Carrick, et al., 259 Pa. 333. (110). 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.

This clause is drafted from part of Sec. 2, Clause 23, Act of April 3, 1851, P. L. 320.

That part of Clause 23 which refers to "party walls, partition, fences" is found under Clause 24, of the present section.

(111). 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.

This clause is drafted from part of Sec. 2, Clause 20, Act of April 3, 1851, P. L. 320.

The provisions of Clause 20 for "a nightly watch" and "street lights" are found under Clauses 4 and 5, respectively, of the present section.

(112). IV. To establish a nightly watch.

This clause was drafted from part of Sec. 2, Clause 20, Act of April 3, 1851, P. L. 320.

(113). V. To provide street lights and to make regulations for the protection thereof; and, upon the petition of a majority of abutting property owners of the section affected, to provide for the ornamental illumination of any section of the borough, and to collect the cost of the installation and maintenance of such illumination from the owners of property fronting the streets upon which the same is installed, by the foot-front rule.

(Amendment of July 6, 1917, P. L. 704, Sec. 2.)

This clause in the Act of May 14, 1915, P. L. 312, provided for street lights and their regulation and was drafted from part of Sec. 2, Clause 20, Act of April 3, 1851, P. L. 320. The above amendment added the provision concerning ornamental illumination.

(114). VI. To construct and maintain in any of the highways within the borough limits, comfort and waiting stations and drinking fountains. The damages accruing to abutting properties by reason of any such improvements shall be ascertained and collected in the manner provided in chapter six, article two of this act.

This clause was drafted from Secs. 1 and 2, Act of June 27, 1913, P. L. 632.

(115). VII. To erect watering-troughs.

This clause was drafted from part of Sec. 1, Act of June 25, 1885, P. L. 168, amending Sec. 1, Act of April 28, 1876, P. L. 51.

The limit as to cost and other matters therein have been omitted in the present section.

(116). VIII. To prohibit and remove any obstruction or nuisance in the highways of the borough.

This clause was drafted from part of Sec. 2, Clause 13, Act of April 3, 1851, P. L. 320.

(117). IX. To prohibit and remove any nuisance or dangerous structure on public or private grounds, or to require the removal of the same by the owner or occupier 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 centum of such cost, in the manner provided in chapter six, article eleven, sections six and seven of this act.

(Amendment of July 6, 1917, P. L. 704, Sec. 3.)

This amendment changes the article and sections erroneously referred to in the Act of May 14, 1915, P. L. 312, concerning the method of collecting the cost of such removal.

This clause was drafted from part of Sec. 2, Clause 13, Act of April 3, 1851, P. L. 320, to which has been added as new matter the term "dangerous structure."

On the question whether a bone boiling establishment is a nuisance, see note to infra Sec. 953.

(118). X. To prohibit the keeping of hogs within the borough, or within any part of the borough.

This clause was drafted from part of Sec. 2, Clause 15, Act of April 3, 1851, P. L. 320.

The provision in this clause of the above act regulating accumulations of manure, compost, etc., is found under clause 12 of the present section.

A rule of the Board of Health governing the keeping of hogs cannot

be repealed by the borough council without the Board of Health's consent, although the rule had to be originally approved by council.

Carlisle Borough vs. Eppley No. 1, 9 M. L. R. 220; s. c. 27 D. R. 189. (119). XI. To make regulations respecting vaults, cesspools, and drains.

This clause was drafted from part of Sec. 2, Clause 7, Act of April 3, 1851, P. L. 320.

The provision in this clause of the above acts regulating partition fences, foundations and party walls, is found under Clause 23 of the present section.

(120). XII. To make regulations relative to the accumulation of manure, compost, and the like.

This clause was drafted from part of Sec. 2, Clause 15, Act of April 3, 1851, P. L. 320.

(121). XIII. To prohibit accumulations of garbage or rubbish, upon private properties, and to prescribe penalties for the enforcement thereof.

This clause was drafted from Sec. 1, Act of June 5, 1913, P. L. 434. (122). 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.

This clause was drafted from Sec. 2, Act of May 25, 1907, P. L. 230. (123). XV. To erect, maintain, and operate garbage-plants, or to provide 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.

This clause was drafted from Sec. 1, Act of May 25, 1907, P. L. 230. (124). XVI. To prohibit, within the borough, the carrying on of any manufacture, art, trade, or business which may be noxious or offensive to the inhabitants.

This clause was drafted from part of Sec. 2, Clause 14, Act of April 3, 1851, P. L. 320.

The provision in this clause of the above act dealing with the manufacture, sale or storage of fire works or other inflammable or dangerous articles, is found under Clause 22, of the present section.

(125). XVII. To make such other regulations as may be necessary for the health and cleanliness, and the beauty, convenience, comfort, and safety of the borough.

This clause was drafted from Sec. 2, Clause 17, Act of April 3, 1851, P. L. 320.