The words "beauty, convenience, comfort and safety" are new.

Without the consent of the Board of Health, the borough council has no power to repeal a rule of the Board of Health, although the rules had to be originally approved by council. Carlisle Borough vs. Eppley No. 1, 9 M. L. R. 220; s. c. 27 D. R. 189.

A municipal ordinance which prohibits the shooting of firearms within the municipal limits, has no application to the enforcement of the Dog Law of July 11, 1917, P. L. 818. In re Dog Licenses, 66 P. L. J. 212.

Under the police power a borough may pass an ordinance regulating junk dealers and junk shops and this necessarily embraces the power to impose a license fee or penalty to enforce the regulations. Borough of Norristown vs. Puleo, 33 Montg. Co. 239; s. c. 31 York 99; 16 Just. L. R. 25.

Concerning the general police power possessed by boroughs, notwithstanding it may not be expressly granted to them by statute, see Haverford Township vs. Haines, 23 D. R. 1088; s. c. 12 Del. Co. 486. (126). 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, and the prevention thereof.

This clause is drafted from part of Sec. 2, Clause 18, Act of April 3, 1851, P. L. 320.

The last provision relative to the "prevention" of fires, is new. The provision in this clause of the above act authorizing the purchase of fire-engines and apparatus is found under Clause 19 of this section. (127). XIX. To purchase fire-engines and fire-apparatus for the use of the borough, and to appropriate money to fire companies.

This clause was drafted from part of Sec. 2, Clause 18, Act of April 3, 1851, P. L. 320.

The term "fire-apparatus," is new.

(128). XX. To prohibit or regulate the erection of wooden

structures.

This clause was drafted from Sec. 1, Act of May 23, 1907, P. L. 203. (129). XXI. To make regulations for the construction of new buildings and repair of old ones; and to require that, before the work begins, municipal approval of the plans and specifications therefore be secured; and to provide for the inspection of such construction and repair, including the appointment of one or more building inspectors; to prescribe limits wherein none but buildings of non-combustible material and fire-proof roofs shall be erected or substantially reconstructed, or removed thereinto; and to provide penalties for the violation of such regulations. Any building erected, reconstructed, 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.

This clause was drafted from Sec. 1, Act of May 8, 1907, P. L. 184.

130). 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 safeguards as may be necessary.

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

Instead of following the language of the Act of 1851, viz: “gunpowder, fire-works, turpentine and other inflammable articles," the whole is comprehended under the general term “inflammable articles."

A municipal ordinance which prohibits the shooting of firearms within the municipal limits has no application to the enforcement of the Dog Law of July 11, 1917, P. L. 818. In re Dog Licenses, 66 P. L. J. 212.

(131). XXIII. To make regulations respecting partition fences and the foundations and party-walls of buildings.

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

(132). XXIV. To prescribe reasonable fees for the service of their officers in the adjustment of party-walls, partition fences, and the like, and to enforce the payment of the same.

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

(133). XXV. To regulate, license, or prohibit theatrical exhibitions, amusements, dances at which an admission or other fee is charged, and other exhibitions; to regulate and license, and to fix the time of opening and closing, of pool-rooms, billiard-rooms, and ten-pin alleys.

(Amendment of July 6, 1917, P. L. 704, Sec. 4.)

This clause in the Act of May 14, 1915, P. L. 312, was drafted from Secs. 1 and 2, Act of May 5, 1876, P. L. 112, and provided for the regulation of all amusements "including the time of opening and closing pool rooms, billiard-rooms and ten-pin alleys." This latter provision is In addition to these, the above amendment added "dances at which an admission or other fee is charged."

new.

(134). XXVI. To regulate markets and peddling, and to provide for the inspection of milk.

This clause was drafted from part of Sec. 2, Clause 11, Act of April 3, 1851, P. L. 320.

That part relating to milk inspection was taken from Act of April 20, 1869, P. L. 81.

The provision in Sec. 2, Clause 11, Act of 1851, relating to "the inspection and measurement or weight" of articles, offered for sale in the borough, is found under Clause 27 of this section.

The Act of April 6, 1802, P. L. 265, and which does not seem to be repealed, provides as follows: "That from and after the passing of this

act, it shall and may be lawful for any person or persons, to sell or expose to sale, provisions, vegetables or fruit, in the markets of any city, borough, or corporate town within this Commonwealth: Provided always, That such provisions, vegetables, or fruit, shall not have been previously purchased within the limits of such city, borough, or corporate town; any law to the contrary notwithstanding."

(135). XXVII. To regulate the scales, weights, and measures, according to the standard of the Commonwealth; to provide for the confiscation of false weights and measures, and to regulate the inspection and measurement, or weight, of articles offered for sale in the borough.

This clause was drafted from Sec. 2, Clause 12, and from part of Clause 11, Act of April 3, 1851, P. L. 320. The former clause provided for an annual regulation. The word "annually" has been omitted in this act. The provision "for the confiscation of false weights and measures" is new.

(136). 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, and 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.

This clause was drafted from Sec. 2, Clause 25, Act of April 3, 1851, P. L. 320.

This section seems to be impliedly repealed by Secs. 4 and 36, Act of July 11, 1917, P. L. 818.

(137). XXIX. To prohibit or regulate the runing 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.

This clause was drafted from part of Clause 9 and from Clause 10, Sec. 2, Act of April 3, 1851, P. L. 320.

The provisions of Clause 9 dealing with the running at large of other animals is found in Clause 30 of this section.

(138). 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.

This Clause was drafted from part of Sec. 2, Clause 9, Act of April 3, 1851, P. L. 320.

(139). XXXI. To impose fines and penalties incurring partial or total forfeitures, or to remit the same.

This clause was drafted from part of Sec. 2, Clause 21, Act of April 3, 1851, P. L. 320.

The provision in this clause of the above act concerning lockups is found in Clause 32 of this section.

The power delegated to boroughs by the State to enact a statute or

ordinance under the exercise of the police power necessarily embraces the power to impose a license fee or penalty to enforce the same. Borough of Norristown vs. Puleo, 31 York 99; s. c. 33 Montg. 239; 16 Just. L. R. 25.

(140). XXXII. To provide a lockup for the temporary detention of persons.

This clause was drafted from part of Sec. 2, Clause 21, Act of April 3, 1851, P. L. 320.

The provision in this clause of the above act defining who shall commit persons to the lockup, and limiting such confinement to forty-eight hours, are omitted.

(141). XXXIII. To display the flag of Pennsylvania or the flag of any county, city, borough, or other municipality in the State, on the public buildings of the borough.

This clause was drafted from Secs. 1 and 2, Act of June 5, 1913, P. L. 419.

(142). XXXIV. To enter into contracts with any street passenger railway 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 respective companies, or by any general law or ordinances; for the appointment 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 borough, upon terms mutually satisfactory, of the leaseholds, property, and franchises of the contracting companies.

This clause was drafted from Sec. 1, Act of April 15, 1907, P. L. 80. So far as this section of the above act related to the right of a railway or other company to enter into such contracts, it is omitted. (143). 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, dedication, appropriation, statute, or otherwise, to the contrary notwithstanding.

This clause was drafted from Sec. 1, Act of June 26, 1895, P. L. 332. (144). XXXVI. To appropriate money or convey land, either independently or in conjunction with any county, city, town, borough, or other municipal division, to the Commonwealth of Pennsyl vania, 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 Commonwealth of Pennsylvania, for use in any armory of the National Guard; and to do all things necessary to accomplish the purposes of this clause.

This clause was drafted from Sec. 1, Act of March 15, 1909, P. L. 33.

(145). XXXVII. To appropriate money for the expenses of Memorial Day services.

This clause was drafted from Sec. 1, Act of June 25, 1895, P. L. 298. (146). 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 borough, a sum not exceeding fifty dollars to aid in defraying the expenses of Memorial Day.

This clause was drafted from Sec. 1, Act of June 25, 1913, P. L. 550. (147). XXXIX. To make, and they are hereby so required, annual appropriations to each post of the Grand Army of the Republic, in the borough, in a sum not exceeding fifty dollars to aid in defraying expenses of Memorial Day; and if there is no post in said borough, then said appropriation may be made to a post in any municipality or township to be designated by the council.

(Amendment of July 6, 1917, P. L. 704, Sec. 5.)

This clause in the Act of May 14, 1915, P. L. 312, was drafted from Sec. 1, Act of June 9, 1911, P. L. 863, amending Sec. 1, Act of March 21, 1907, P. L. 22. This amendment covered the condition where there is no post in a borough.

(148). XL. To require and regulate the numbering of buildings.

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

This clause is new.

(149). XLI. To appropriate money for the expense of municipal music.

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

This clause is new.

(150). XLII. To regulate the emission of smoke from chimneys, smoke-stacks, and other sources: Provided, however, That this bill shall not apply to locomotive smoke-stacks.

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

This clause is new.