CHAPTER XXIX.

FORESTS.

1. Power of boroughs to acquire tracts of forest or tree-grown lands or lands suitable for the growth of trees.

2. Submission of matter to commissioner of forestry before passing ordinance.

3. Ordinance declaring intention and contents and publication thereof.

4. Appropriation of money necessary for purchase.

5. Notice to commissioner of forestry upon acquisition of land, and duty of commissioner to make rules governing the same.

6. Appropriation of money necessary for the administration, maintenance, etc., of forests. 7. Use of municipal forests by public.

8. Duty of council on alienation of municipal forest.

The provisions of the Borough Code (v) relating hereto are as follows:

Section 1. Boroughs may acquire by purchase, gift or lease, and hold tracts of land covered with forest or tree growth or suitable for the growth of trees and administer the same, under the direction of the Commissioner of Forestry, in accordance with the practices and principles of scientific forestry, for the benefit of the borough. Such tracts may be of any size suitable for the purpose, and may be located within or without the borough limits.

Section 2. Before the passage of any ordinance for the acquisition of land to be used as municipal forests, the burgess shall submit to the Comissioner of Forestry, and secure his approval of, the area and location of such land.

Section 3. Whenever the council of any borough deems it expedient to acquire any lands for the purposes of municipal forests, it shall so declare in an ordinance, wherein shall be set forth all facts and conditions relating to the proposed action; which proposed ordinance shall be advertised once a week for three weeks prior to its passage.

Section 4. All money necessary for the purchase of such tracts shall be appropriated in the same manner as appropriations for borough purposes, and such funds may be provided from the cur

(v) Chapter IX, Article III, of the Act of May 14, 1915, P. L. 312.

rent revenue, or by the proceeds of a sale of bonds in accordance with existing law.

Section 5. Upon the acquisition of any municipal forests or lands suitable for such, the council shall notify the Commissioner of Forestry, who shall make such rules for the government and proper administration of the same as may be necessary, and the council shall publish such rules, declare the uses of the forest in accordance with the intent of this article, and make such provision for its administration, maintenance, protection and development as shall be necessary or expedient. The rules governing the administration of such forests shall have for their main purpose the producing of a continuing borough revenue by the sale of forest products.

Section 6. All moneys necessary to be expended for the administration, maintenance, protection and development of such forests shall be appropriated and applied as is now done for borough purposes; all revenue and emoluments arising from such forests shall be paid into the borough treasury to be used for general borough purposes.

Section 7. Municipal Forests may be used by the public as general outing or recreation grounds subject to the rules governing their administration as municipal forests.

Section 8. Whenever the council of any borough deems it expedient to alienate any municipal forest or part thereof, it shall so declare in an ordinance wherein shall be set forth all the facts and conditions relating to the proposed action; which proposed ordinance shall be advertised once a week for three weeks prior to its passage. No ordinance shall be effective in legalizing such alienation until it has been approved by a majority vote of the people at the next ensuing election.

CHAPTER XXX.

LIBRARIES(W)

(w) As to Libraries in Boroughs prior to the Code, see 2 Purd. Dig. (13th Ed.) 2259, §§33-45, and decisions thereon.

The Act of July 20, 1917, P. L. 1143, repeals Chapter 10, Article I, of the Act of May 14, 1915, P. L. 312, 5 Purd. Dig. (13th Ed.) 5436, 8668-684; 6 Purd. 6520, §2-18, relating to free, public, nonsectarian libraries and branch libraries providing for their establishment, maintenance, and regulation, and provides as follows:

Section I. The term "municipality," wherever used in this act, shall be interpreted as meaning any county, city, borough, town, or township, as the case may be, but shall not be interpreted as meaning school district.

Section 2. The term "municipal authorities," wherever used in this act, shall be interpreted as meaning the mayor and council of any city, the burgess and council of any borough or town, the supervisors of any township, or the commissioners of any county, as the case may be.

Section 3. Any municipality may make appropriations to establish or maintain, or both, a free, public, nonsectarian library, for the use of the residents of such municipality. The appropriations for maintenance shall not exceed two mills on the dollar on all taxable property, annually. Special taxes for these purposes may be levied on the taxable property of the municipality, or the same may be levied and collected with the general taxes.

Section 4. The municipal authorities of any municipality may submit to the qualified electors of such municipality, at any election, the question of establishing or maintaining, or both, a free, public, nonsectarian library, and must submit such question, if petitioned for by three per centum of the voters, at the next preceding general election. At such election the question of establishing an annual tax at a certain rate, not exceeding two mills on the dollar, on all taxable property of the municipality, shall be submitted and voted upon.

Section 5. If the majority of votes cast upon this question shall be in favor of establishing such tax rate, the municipal authorities, at the first meeting following the official announcement of the result of such election, shall take the necessary steps to levy and collect the tax so levied, and shall appoint a board of library directors as provided in section nine of this act. Said board shall have exclusive control of the library so established or maintained, or both, and shall be governed as provided in other sections of this.

act.

Section 6. The rate of tax so voted shall be an annual tax rate

until another vote is taken changing the same: Provided, That the municipal authorities may increase said rate, not to exceed two mills on the dollar, on all taxable property of the municipality, without submitting the question to a vote. The tax shall be levied and collected in like manner as other taxes in the municipality, and shall be in addition to all other taxes, and shall be used for no other purpose than that of establishing or maintaining, or both, free, public library. The money so raised shall be under the exclusive control of the board of library directors provided in section nine of this act.

Section 7. If the residents of any municipality shall raise by popular subscription a sum equal to or exceeding the gross amount of a two-mill tax on all taxable property in the municipality, and shall offer the sum so subscribed to the municipality for the purpose of establishing a free, public, nonsectarian library, said sum shall be accepted by the municipal authorities, and shall be used for the sole purpose of establishing such library; provided, not more than two per centum of the said sum shall be subscribed by one individual or firm. Said subscription may be made payable in four quarterly payments, and shall be in such form as to be collectible by legal process if necessary.

Section 8. In case of the establishment of a free, public, nonsectarian library under the provisions of section seven of this act, the municipal authorities shall immediately place the sum so subscribed under the control of a board of library directors, appointed as provided in section nine of this act, and proceed to levy and collect a tax at the annual rate of not less than one-half mill nor more than two mills on the dollar on all taxable property in the municipality, for the purpose of maintaining the library so established.

Section 9. The affairs of all public libraries established or maintained, or both, under the provisions of the preceding sections of this act, shall be under the exclusive control of a board. of library directors, to be composed of not less than five nor more than seven members, as may be decided by the municipal authorities, who shall appoint the members and fill any vacancies occurring from any cause. The first appointees shall be appointed as nearly as may be,-one-third for one year, one-third for two years, and one-third for three years. All appointments to fill the places of those whose terms expire shall be for a term of three years.