and abutments therefor, and in exercising such power shall have the right to take, use, and occupy private property.

This section was drafted from the Act of April 3, 1851, P. L. 320, Sec. 1, Act of April 28, 1899, P. L. 100, and Sec. 1, Act of June 12, 1893, P. L. 459.

While the provisions of the Act of April 3, 1851, provided for the regulation of roads, streets, lanes and alleys, there was no specific reference in that act relating to bridges. However in "Westfield Borough vs. Tioga County," 150 Pa. 152, it was held that a bridge was part of a highway.

(343). 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.

This section is new.

It provides the same procedure for establishing a bridge and assessing the damages and benefits as that used in the opening, widening and straightening of streets.

(344). Section 3. Whenever in the laying out, opening, widening, extending, 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.

This section is new and is to be distinguished from Sec. 2 of this article. It is intended 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.

(b) Over Boundary Streams.

(345). Section 4. Whenever a creek, over which a bridge may be necessary, shall be on the division line of a borough and municipality or township, the borough shall unite with such municipality or township in the construction and maintenance of such bridge, and pay an equal share of the expenses incident thereto.

This section was drafted from Sec. 34, Act of June 13, 1836, P. L. 551, wherein it is limited to townships, but 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 Pennsylvania Borough Law, page 209, Sec. 167, in which 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.

(c) Over Railroads.

(346). Section 5. Boroughs may build bridges or viaducts over railroads, 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 purpose of uniting two or more streets or separate portions of the same street. Such bridges and viaducts must in all cases cross railroads.

This section was drafted from Sec. 1, Act of May 25, 1907, P. L. 240. (347). 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.

This section was drafted from Sec. 2, Act of May 25, 1907, P. L. 240, wherein the proceedings are stated to be as provided "by law in the laying out and opening of streets in said boroughs." This clause was omitted and a reference made to Chapter VI, Article 4, which is the article dealing with the opening, etc., of streets.

(348). 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 erection 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.

This section was drafted from Sec. 3, Act of May 25, 1907, P. L. 240. From this section has been omitted "is now or shall hereafter be previded by law in the opening of public streets," and a reference has been made to Chapted VI, Article 2, which provides for the assessment of damages in such cases.

(349). Section 8. The borough shall also have power to enter into a contract 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.

This section was drafted from Sec. 4, Act of May 25, 1907, P. L. 240. (350). Section 9. Nothing contained in the preceding section shall authorize a borough to contract with a county for the mainte

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nance 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.

This section was drafted from Sec. 5, Act of May 25, 1907, P. L. 240, so as to include that portion affecting boroughs. Instead of denying the power of a county to contract with a borough for the maintenance of such a bridge, as Sec. 5 of the original act provides, the present section was drafted so as to deny the power of a borough to contract with the county for such purpose.

(351). Section 10. The contracts herein provided for may stipulate that the borough, county, railroad company, street railway, or other company or party 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 otherwise for the payment of damages.

This section was drafted from part of Sec. 6, Act of May 25, 1907, P. L. 240.

(352). 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 treasury; and the borough treasurer shall pay the same over to the contractor, as maybe 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 viaducts after their erection.

This section was drafted from part of Sec. 6, Act of May 25, 1907, P. L. 240.

(353). 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 advertise for bids, and award the contract to the lowest responsible bidder.

This section was drafted from part of Sec. 6, Act of May 25, 1907, P. L. 240.

(354). 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 appropriation 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. This section was drafted from part of Sec. 8, Act of May 25, 1907, P. L. 240.

(355). Section 14. The contractor shall have a right of action against each party uniting in the contract provided for in section ten and eleven of this article, for the part thereof agreed to be paid by each party.

This section was drafted from part of Sec. 8, Act of May 25, 1907, P. L. 240.

(356). 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 specifications shall be prepared and advertisement shall be made for bids by the borough, and the contract shall be let in the manner hereinbefore provided.

This section was drafted from Sec. 9, 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 follows the original section as closely as possible and undoubtedly expresses the intention of the Legislature.

(357). Section 16. Any of the contracts provided for may be recorded in the recorder's office of the county, and such record shall be notice to all persons who might be affected thereby.

This section was drafted from Sec. 10, Act of May 25, 1907, P. L. 240.

(d) Condemnation of Toll-Bridges.

(358). 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 commissioners whereby the county shall pay a. portion of the costs thereof.

This section was drafted from Sec. 1, Act of March 24, 1909, P. L. 67, and Sec. 1, Act of March 24, 1909, P. L. 69. These two acts approved on the same day contained practically the same provisions. The provisions set forth under this sub-head cover the provisions of both of these acts as they affect boroughs.

(359). 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, not less than ten nor more than twenty days thereafter, when the viewers shall meet and view the same together with the approaches thereto.

This section was drafted from Sec. 2, Act of March 24, 1909, P. L. 69.

(360). Section 19. The proceedings before such viewers for the assessment 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.

This section is new.

The procedure under the Act of March 24, 1909, P. L. 69, for the condemnation of bridges is the same as under the Act of May 16, 1891, P. L. 75. The procedure covered by Secs. 3, 4, 5 and 6 of the Act of 1909, P. L. 69, has, therefore, been omitted and simply a reference made to Chap. VI, Art. 2, in which is incorporated the Act of 1891, with its supplements and amendments, the latter largely amplifying the procedure under the original act.

(361). 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.

This section was drafted from Sec. 7, Act of March 24, 1909, P. L. 69. (362). 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 maintenance and repair of such bridge.

This section was drafted from Sec. 8, Act of March 24, 1909, P. L. 69. (363). 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.

This section was drafted from part of Sec. 8, Act of March 24, 1909, P. L. 69.

(364). Section 23. Whenever any bridge shall be purchased or condemned, 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 making a use thereof for other than ordinary foot and vehicle travel. This section was drafted from part of Sec. 9, Act of March 24, 1909, P. L. 69.

(365). Section 24. All existing contracts between persons, firms, or corporations and the owners of the bridge shall be preserved for the benefit of the borough, and shall be assigned to the borough.

This section was drafted from part of Sec. 9, Act of March 24, 1909, P. L. 69.