visions of property thereafter made shall conform thereto. The location of parks and playgrounds laid out and confirmed by the borough council shall not afterwards be altered without the consent of the council; and no map or plot of parks or playgrounds shall be entered or recorded in any public office of the county until approved by the borough council.

Section 18. No person shall recover any damages for the taking, for public use, of any buildings or improvements of any kind placed or constructed upon or within the lines of any located park or playground, after the same has been located by the borough council.

1. Power of borough to establish commission.

2. Composition of commission,

compensation of commission-
ers, term of offices, appoint-
ment of successors and fill-
ing of vacancies.

3. Acceptance of article where
there is an existing commis-
sion.

4. Powers vested in commission as to custody and control of shade trees, and authority of commission.

5. Power of commission as to employment of others to make regulations, etc.

6. Report of commission to burgess and matters incorporated in report.

7. Notice of time and place of meeting in cases of planting, transplanting or removal of shade trees on highways.

8. Cost of planting, transplanting or removal, and placing of guards and payment thereof.

9. Notice of assessment on filing of certificate and lien of assessment.

10. Costs and expenses and payment thereof, and power of borough to levy tax. Penalties for violations and assessment and lien therefor. 12. Payment of penalties or assessments into borough treasury.

II.

I.

(a)

ESTABLISHMENT OF SHADE TREE COMMISSION.

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

Section 1. Boroughs may establish a commission to be known as the shade tree commission of such borough.

(u) Chapter IX, Article II, of the Act of May 14, 1915, P. L. 312, amended July 6, 1917, P. L. 704. As to Shade Trees prior to the Code, see I Purd. Dig. (13th Ed.) 501, §138.

Section 2. The commission shall be composed of three freeholders of the borough, who shall be appointed by the burgess and shall serve without compensation.

Whenever a shade tree commission is established by any borough, the burgess shall appoint three freeholders, one for a term of three years, one for a term of four years, and one for a term of five years.

On the expiration of the term of any commissioner, a successor shall be appointed by the burgess to serve for a term of five years. Vacancies in the office of commissioner shall be filled by the burgess for the unexpired term.

Section 3. Whenever in any borough there exists a commission for the care of public parks, the council may, by ordinance, accept the provisions of this article so far as it relates to the subject of the shade tree commission, and thereafter the park commission shall have all the powers and be subject to all the duties prescribed by this article for the shade tree commission.

Section 4. The commission shall have exclusive custody and control of the shade trees in the borough and is authorized to plant, remove, maintain, and protect shade trees on the public highways in the borough.

Section 5. The commission may employ and pay such superintendents, engineers, foresters, tree-wardens or other assistants as the proper performance of the duties devolving upon it shall require, and may make, publish and enforce regulations for the care and protection of the shade trees of the borough. No such regulation shall be in force until it has been approved by the council, and until it has been published at least twice in one or two newspapers of the borough.

Section 6. The shade tree commission shall annually report in full to the burgess its transactions and expenses for the last fiscal year of the borough. The park commission, in boroughs accepting this article, may incorporate such transactions and expenses in its regular report to council.

Section 7. Whenever any shade tree commission or park commission in boroughs accepting this article, proposes to plant, transplant or remove shade trees on any highway, notice of the time and place of the meeting, at which such work is to be considered, shall be given in one or more newspapers published in the borough once a week for two weeks immediately preceding the time of the meeting. The notice shall specify in detail the highways or por

tions thereof upon which trees are proposed to be so planted, replanted or removed.

Section 8. The cost of planting, transplanting or removing any shade trees in the highways of the borough of the necessary and suitable guards, curbing or grading for the protection thereof, and of the replacing of any pavement or sidewalk necessarily disturbed in the execution of such work, shall be paid by the owner of the real estate in front of whose property the work is done.

The amount each freeholder is to pay shall be ascertained and certified by the commission to council and to the borough treas

urer.

Section 9. Upon the filing of the certificate with the council, the secretary of the borough shall cause thirty days' written notice to be given to the persons against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and place of payment, and shall be accompanied with a copy of the certificate.

The amount assessed against the real estate shall be a lien from the time of the filing of the certificate with the council, and, if not paid within the time designated in the notice, a claim may be filed and collected by the borough solicitor in the same manner as municipal claims are filed and collected.

Section 10. The cost and expenses of caring for such trees after having been planted and the expense of publishing the notice provided in the preceding section shall be paid by the borough.

The needed amount shall each year be certified by the commissioners to the borough council and shall be drawn against, as required by the commission, in the same manner as money appropriated for borough purposes.

Section 10, Para. 3. This paragraph as amended by the Act of July 6, 1917, P. L. 704, §31, reads as follows:

The borough council may levy a general tax, not to exceed the sum of one-tenth of one mill on the dollar on the assessed valuation of the property in said borough, for the purpose of defraying the cost and expense of caring for such shade trees, and the expense of publishing the notice provided in section nine of this article; or it may provide for the expense of the caring for trees already planted, and of publishing the notice required by section nine of this article, by appropriations equal to the amount certified to be required by the commission.

Section II. The commission may assess penalties for the vio

lation of its regulations and of this article so far as it relates to shade trees. Any penalty so assessed shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected.

Section 12. All penalties or assessments imposed under this article shall be paid to the borough treasurer, to be placed to the credit of the commission, subject to be drawn upon by the commission for the purposes of the preceding sections of this article.

II.

(b) POWER OF BOROUGHS WITH REGARD TO SHADE TREES. Section 13. Boroughs may, by ordinance, upon the petition of a majority of the property owners upon any public street thereof, require the planting and re-planting of suitable shade trees along and upon the sides of such streets, upon such alignment and at such points as may be by such ordinance designated, by the owners of property abutting the street at the points designated. This section does not authorize boroughs to require the planting or replanting of trees at any point which may interfere with the necessary or reasonable use of any street or abutting property or unreasonably interfere with any business conducted thereon.

Section 14. On failure of any owner, after reasonable notice, to comply with the terms of any such ordinance the borough may cause such trees to be planted or re-planted at the expense of the borough, and thereupon in the name of the borough, collect the cost of such work from the owners in default, as debts of like amount are by law collectible.