jority. If said court shall find that it was not so petitioned for, it shall quash the ordinance; otherwise, it shall approve the same.

This section was drafted from part of Sec. 10, Act of May 16, 1891, P. L. 75.

In its passage through the Legislature the time for appeal was changed from sixty to thirty days in Sec. 9 of this article, while the "sixty days" was left unchanged in this section, possibly through oversight. Secs. 9 and 10 in this respect are contradictory.

(216). Section 11. If no appeal shall be taken, or if the court on appeal shall approve the ordinance, the borough may proceed with the improvement. Thereafter all parties interested shall be estopped from denying the fact that the petition was signed by the requisite majority of the property owners as required by section eight of this' article.

This section was drafted from part of Sec. 10, Act of May 16, 1891, P. L. 75.

(217). Section 12. 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.

This section was drafted from part of Sec. 1, Act of April 28, 1899, P. L. 100.

(c) Time Within Which Streets Are To Be Opened.

(218). Section 13. Whenever any borough shall pass an ordinance authorizing the laying out or surveying of any road, street, lane, alley, or court over any 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.

This section was drafted from part of Sec. 1, Act of June 1, 1911, P. L. 541.

For common sewers, also found in Sec. 1, of the above act, see Article XII of this chapter.

(219). Section 14. 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 opend without the consent of the owners of the land on which the same has been so laid out.

This section was drafted from Sec. 1, Act of May 9, 1889, P. L. 173.

CHAPTER VI.

SPECIAL POWERS.

ARTICLE V.

VACATION OF ROADS AND STREETS.

(a) Roads Laid Out By the Commonwealth.

(220). Section 1. Boroughs may vacate, in whole or in part, streets, lanes, and alleys within their limits, laid out by the Commonwealth, whenever the same shall have remained unopened for a period of thirty years.

This section was drafted from Sec. 1, Act of March 21, 1905, P. L. 46. (221). Section 2. In exercising the power provided for in the preceding section, the proceedings for the ascertainment of damages and the assessment of benefits shall be as provided for in chapter six, article two of this act.

This section was drafted from Sec. 2, Act of March 21, 1905, P. L. 30. (b) Lanes and Alleys Declared Nuisances by Board of

Health.

(222). Section 3. Whenever the board of health of the borough shall declare 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 passageway may be vacated. Such petition shall be accompanied by a certificte of the board of health, setting forth that they have declared such alley, lane, or passageway to be a public nuisance.

This section was drafted from part of Sec. 1, Act of June 20, 1911, P. L. 1087.

The provisions in Sec. 1 of the above act dealing with viewers, their report, and appeal therefrom, and limiting the power to vacate certain alleys or lanes, are found in Secs. 4 to 10, inclusive, of this article.

(223). Section 4. The court shall thereupon appoint a jury of view, of three men of the county. The jury, being sworn or affirmed to faithfully 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.

This section was drafted from part of Sec. 1, Act of June 20, 1911, P. L. 1087.

(224). 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 finding 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.

This section was drafted from part of Sec. 1, Act of June 20, 1911, P. L. 1087.

(225). 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.

This section was drafted from part of Sec. 1, Act of June 20, 1911, P. L. 1087.

(226). Section 7. Any person aggrieved by such report may file exception 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.

This section was drafted from part of Sec. 1, Act of June 20, 1911, P. L. 1087.

(227). Section 8. Any person affected by the report shall have an appeal to the court of common pleas, within thirty days after the report is filed, and the procedure on such appeal shall be the same as in actions of trespass.

This section was drafted from part of Sec. 1, Act of June 20, 1911, P. L. 1087.

(228). 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.

This section was drafted from part of Sec. 1, Act of June 20, 1911, P. L. 1087.

(229). Section 10. No alley, lane, or passageway 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.

This section was drafted from part of Sec. 1, Act of June 20, 1911, P. L. 1087.

CHAPTER VI.

SPECIAL POWERS.

ARTICLE VI.

ROADS PARTLY WITHIN THE BOROUGH.

(230). 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.

This section was drafted from Sec. 27, Proviso I, of Clause 3 of the Act of April 3, 1851, P. L. 320, amended by Sec. 2, Act of May 22, 1883, P. L. 39.

The reference to the procedure for laying out and opening of public roads is to the General Road Law of 1836, P. L. 551, and its several amendments and supplements.

(231). 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.

This section was drafted from Sec. 27, Proviso 2, Clause 3, Act of April 3, 1851, P. L. 320, as amended by Sec. 2, Act of May 22, 1883, P. L. 39.

(232). 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.

This section was drafted from Sec. 27, Proviso 1, of Clause 5, Act of April 3, 1851, P. L. 320.

(233). Section 4. Section 4. Petitions for the assessment of damages for the opening 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 confirmation 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.

This section was drafted from Sec. 1, Act of May 23, 1891, P. L. 109. From this section has been omitted the clause "or within six years from the date of notice of the intended opening of the same under an ordinance or resolution duly passed * * " This omitted clause seems to provide for the opening by act of the borough council which procedure is effective only if the road is wholly within the borough.

The present article deals only with the opening or widening of roads partly within the borough, which follow the procedure of the General Road Law of 1836, P. L. 551.

(234). Section 5. No owner or occupier of lands, buildings, or improvements shall erect any building 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.

This section was drafted from part of Sec. 27, Clause 5, Act of April 3, 1851, P. L. 320.

(235). Section 6. Whenever the authorities of any borough deem it advisable to construct or change any part of any public road 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.

This section was drafted from part of Sec. 1, Act of May 5, 1911, P. L. 123

For provisions similar to this and Secs. 236 and 237, see Appendix, Chapter VIII, Sec. 878.

(236). 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 shali be taken to be the public road and the old location shall be deemed vacated.

This section was drafted from part of Sec. 1, Act of May 5, 1911, P. L. 123

(237). Section 8. The authority conferred in section six of this article shall not extend to any change, the costs and expenses of which, including damages, shall exceed three hundred dollars.

This section was drafted from part of Sec. 1, Act of May 5, 1911, P. L. 123

CHAPTER VI.

SPECIAL POWERS.

ARTICLE VII.

STREET IMPROVEMENT.

(For additional provisions relative to Street Improvement, see Appendix, Chapter VIII, Infra Secs. 852, 853.)

(a) Grading Streets and Assessment of Damages. (238). Section 1. Boroughs may lay out, establish, or change the grades of streets, roads, lanes, and alleys, or parts thereof.