Section 1. Boroughs may widen and deepen water-courses running through the borough, and may erect such dykes and embankments along the same as shall be necessary to prevent the water from overflowing the banks thereof.(m)

Section 2. Boroughs may enter upon any land lying near such water-courses, and secure such material as may be necessary for the purpose of making and repairing the embankments along such water-courses, when the same cannot be obtained by contract at reasonable prices. Boroughs shall cause no unnecessary damage to the owners of such lands, and shall repair any fences which they may destroy.

Section 3. Boroughs may appropriate, for such purposes, any moneys of the borough applicable to the making and maintaining of the streets and bridges of such borough.

Section 4. Any person aggrieved by reason of any ordinance passed pursuant to the preceding sections of this article may complain to the court of common pleas, and proceedings may be had in the court to fix and determine the damages and the rights of all parties interested, in the same manner as provided in chapter six, article two of this act.

II.

(b) VACATION AND ALTERATION of course or CHANNEL OF

WATER-COURSES.

Section 5. Boroughs may vacate or alter the course or channel of any water-course, other than navigable streams, and for such purpose may enter upon and condemn such property and materials as may be necessary. (n)

Section 6. No ordinance for the vacation or alteration of the course or channel of any watercourse shall be passed until notice

(m) Under the Act of June 8, 1891, P. L. 210, a borough had the right to widen and deepen the channel of a stream and prevent the erection of a wall or other obstruction increasing the danger from flood freshets. Commonwealth v. Stevens, 178 Pa. 543, 39 W. N. C. 375.

(n) Where a borough adopted a natural water course for drainage purposes and subsequently allowed the landowner to close it up for a consideration, the borough was held to have the right to reopen it by proceedings under the Act of May 16, 1891, P. L. 75, and not by a mere resolution of council, and in such a case the Act of June 8, 1891, P. L. 210, relating to existing streams and water courses, was held to have no application, the water course having been abandoned. Strohl v. Ephrata Borough, 178 Pa. 50, 38 W. N. C. 154, 13 Lanc. L. Rev. 393, reversing 13 Lanc. L. Rev. 1.

thereof has been given by publication of the proposed ordinance, at least once a week for three consecutive weeks, in one newspaper published in the county.

Section 7. The borough may, at any time after the passage of the ordinance, present a petition to the court of common pleas, setting forth the nature of the vacation or alteration proposed in the course or channel of such water-course, together with a description of the proposed improvements, and praying the court to appoint three viewers to ascertain the damages, costs, and expenses resulting therefrom, and to assess the damages, costs, and expenses, or so much thereof as the viewers may deem reasonable, upon the property benefited.

Section 8. The court, or any law judge thereof in vacation, shall appoint three viewers from the county board of viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the line of the improvement and view the same and the premises affected.

Section 9. The proceedings before such viewers, for the allowance of damages for property taken, injured, or destroyed, and for the assessment of benefits upon property benefited, shall be as provided in chapter six, article two of this act.

Section 10. If any borough shall repeal any ordinance passed, or discontinue any proceeding taken, providing for any such improvements, prior to the entry upon, appropriation, or injury to any property or materials, the borough shall not be liable to pay any damages, but all costs upon any such proceeding, together with any actual damage or injury sustained by reason of such proceeding, shall be paid by the borough.

Section II. When the court has entered its final decree confirming the report or fixing the assessments, the assessments of benefits shall become liens upon the property assessed, and such claims shall be filed and collected in the same manner as municipal claims are filed and collected, or they may be collected by action of assumpsit; the lien of the judgment, however, to be limited to the property assessed.

Section 12. Nothing contained in section five of this article, or in the sections based thereon, shall apply to any water-course used by any municipality or water company as a source of supply, unless such municipality or water company shall consent to such vacation or alteration.

(c)

III.

CONFINING AND PAVING WATER-COURSES.

Section 13. Upon the written request of the board of health, the borough may confine and pave any water-course, or part thereof, other than navigable streams, within the limits of the borough, and for such purpose may enter upon and condemn such property and materials as may be necessary to complete such work. Section 14. No ordinance for the confining or paving of any water-course shall be passed until notice thereof has been given by publication of the proposed ordinance, once a week for three consecutive weeks, in one newspaper published in the county.

Section 15. When the work of confining and paving of any water-course has been completed, if the borough cannot agree with the property owners as to the payment of the costs and expenses, the borough may present its petition to the court of common pleas, setting forth the character of such improvements, and that the damages, costs, and expenses incurred have not been paid, and praying the court to appoint three freeholders as viewers to ascertain the damages, costs, and expenses resulting therefrom, and to ratably assess the damages, costs and expenses, or so much thereof as the viewers may deem reasonable, upon the property benefited, and make report thereof to the court.

Section 16. The court, or any law judge thereof, shall thereupon appoint three viewers from the county board of viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the line of the improvement and view the same.

Section 17. The proceedings before such viewers for the allowance of damages for property taken, injured, or destroyed, and for the assessment of benefits upon property benefited, shall be as provided in chapter six, article two of this act.

Section 18. The final assessment against any property shall be a lien for the amount of such assessment, dating from the time of the final confirmation of the report, or the final decree of the court fixing such assessment, if filed in the court within six months from the final assessment, or confirmation.

Section 19. Nothing contained in section thirteen of this article, or in the sections based thereon, shall apply to any watercourse used by any borough or water company as a source of supply, unless such borough or water company shall consent to such confining or paving.

(a) WATER SUPPLY AND WATER-WORKS.

The provisions of the Borough Code (o) as amended by the Act of July 6, 1917, P. L. 704, relating hereto are as follows:

Section 1. This section as amended by the Act of July 6, 1917, P. L. 704, §16, reads as follows:

Section 1. Boroughs, may provide a supply of water for the use of the public within such borough, by erecting and operating water-works, by purchasing and operating water-works, by entering into contract with persons or corporations authorized to supply water within the limits of such boroughs, or partly by the erection or purchase and operation of water-works and partly by entering into a contract. (p)

(0) Chapter VI, Article XVII, of the Act of May 14, 1915, P. L. 312, as amended by the Act of July 6, 1917, P. L. 704. As to Water Supply and Water-Works in Boroughs prior to the Code and decisions thereon, see I Purd. Dig. (13th Ed.) 501, §§130-145. See also Vale's Dig., Vols. I, col. 2656; XI, col. 1055; XIII, col. 841.

See also 5 Purd. Dig. p. 5361, note (a) same pages and sections.

(p) The Act of April 15, 1907, P. L. 90, amended section 1 of the Act of May 25, 1887, P. L. 267, 2 Purd. Dig. (13th Ed.) 1400 §2. The Act of May 31, 1907, P. L. 355, Gas and Water Companies, 5 Purd. Dig. (13th Ed.) 6318, provides for the acquiring of water plants or systems by mu