An act entitled "An act to authorize the co-operation of cities of the third class, school districts thereof, and incorporated library associations therein, for the erection and maintenance of free public libraries," approved the twenty-second day of May, one thousand nine hundred one (Pamphlet Laws, two hundred eightyeight); (c)

An act entitled "An act exempting from taxation the lands, buildings, and funds of free, public, nonsectarian libraries, in boroughs and townships, yielding revenues only partially sufficient for the maintenance of the same," approved the twenty-ninth day of May, one thousand nine hundred one (Pamphlet Laws, three hundred forty-one); (d)

An act entitled "An act for the establishment and maintenance of public libraries in cities of the second and third class and in boroughs," approved the seventeenth day of June, one thousand nine hundred one (Pamphlet Laws, five hundred sixty-nine); (e)

An act entitled “An act supplementary to an act, entitled ‘An act to authorize the cities of the first class of the commonwealth of Pennsylvania to levy a tax and make appropriations for the establishment and maintenance of free libraries,' approved the seventh day of June, Anno Domini one thousand eight hundred and ninety-five; authorizing cities of the first class to enter into contracts and agreements with the donor or donors of funds for the erection of free libraries or branches thereof, or his or their representatives, and to provide sites for the erection and funds for the maintenance thereof," approved the twentieth day of March, one thousand nine hundred three (Pamphlet Laws, fortysix):(f)

An act entitled "An act to authorize boroughs of the commonwealth of Pennsylvania to contract with the duly constituted managers or owners of existing nonsectarian public libraries, for the free use of such libraries by the residents of such boroughs, and to make appropriations for the hiring and procuring of such free use," approved the twenty-second day of April, one thousand nine hundred five (Pamphlet Laws, two hundred eighty-one) ;(g) An act entitled "An act to provide for the establishment and

(c) 2 Purd. Dig. (13th Ed.) 2258, §§26-32.

(d) 2 Purd. Dig. (13th Ed.) 2260, §§44, 45; 4 Purd. Dig. (13th Ed.) 4660, §§256, 257.

(e) 2 Purd. Dig. (13th Ed.) 2257, §§17-25.

(f) 2 Purd. Dig. (13th Ed.) 2256, §§12-16.

(g) 6 Purd. Dig. (13th Ed.) 6520, §2, note (n).

maintenance of free public libraries on a permanent basis in all municipalities throughout the commonwealth of Pennsylvania, except in cities of the first, second, and third class, townships, and counties, in same manner as is now provided in case of boroughs," approved the sixth day of June, one thousand nine hundred seven (Pamphlet Laws, four hundred twenty-one) ;(h)

Chapter ten of an act, entitled "An act providing a system of government for boroughs, and revising, amending, and consolidating the law relating to boroughs," approved the fourteenth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, three hundred twelve); (i)

And all other acts and parts of acts, general, special, or local, appertaining to the subject-matter covered by this act, be, and the same are hereby, repealed; it being intended that this act shall furnish a complete and exclusive system in itself so far as relates to free, public, nonsectarian libraries, supported wholly or in part by the several municipalities, as defined in section one of this act of the commonwealth.

Section 18.(j) This section added by the Act of July 6, 1917, P. L. 704, §32, reads as follows:

Section 18. When, by any gift or bequest, any estate, real or personal, is given or bequeathed for the purpose of establishing, in a borough, a free public nonsectarian library, on a permanent basis, for the use of the residents of the borough, and there is attached to such gift or bequest a condition that the borough shall provide for the maintenance, in whole or in part, of the library, or the maintenance of a librarian of such library, or both, the borough may enter into a perpetual contract with the donor, or the representative of any testator or corporation created to execute such gift or bequest, for the payment annually of a certain fixed sum of money, at such periods as may be agreed upon between the contracting parties. Such sum shall be applied for the maintenance of the library, or for the employment and maintenance of a suitable librarian, or both, in accordance with the terms of the gift or bequest.

(h) 6 Purd. Dig. (13th Ed.) 6522, §§24-26.

(i) 5 Purd. Dig. (13th Ed.) 5436, §§668-684; 6 Purd. Dig. (13th Ed.) 6520, §§2-18.

(j) The Act of July 6, 1917, P. L. 704, §32, amended Chapter 10, of the Act of May 14, 1915, P. L. 312, by adding this section.

The borough shall appropriate annually for the compensation of such librarian and maintenance of such library a sum not to exceed the amount of one mill on a dollar on all taxable property in the borough.

I.

CHAPTER XXXI.

BURIAL GROUNDS.

Power of borough to prohibit
burial or interment of de-
ceased persons and regulate
graves.

2. Power of council to transfer
burial grounds to an incor-
porated cemetery company.
3. Vesting of title and control in
incorporated company on ac-
ceptance of ordinance.

4. Recording of acceptance by in-
corporated company and of
copy of ordinance.

5. Power of quarter sessions to make orders for regulation of burial grounds and adjacent to boroughs, and to remove same on becoming a nuisance.

6. Power of quarter sessions to authorize transfer of cemetery to borough authorities. 7. Powers vested in borough au

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

Section 1. Boroughs may prohibit within their limits, or within any described territory within such limits, the burial or interment of deceased persons, and may regulate the depth of graves.

Section 2. When the title and management of any burial ground is vested in a borough, the council of such borough, upon petition of ten lot owners in such burial ground, may transfer such burial ground and the management thereof, to an incorporated cemetery company.

Section 3. Upon the presentation, to council, of such petition,

(k) Chapter XI, Article I, of the Act of May 14, 1915, P. L. 312, as amended by the Act of July 6, 1917, P. L. 704. As to Burials prior to the Code, see I Purd. Dig. (13th Ed.) 496, §104 and decisions thereon.

the council may pass an ordinance declaring, that upon the acceptance of the provisions of such ordinance by the incorporated cemetery company, filed with the borough secretary, the title and control of such burial ground shall vest in such incorporated cemetery companies.

Section 4. The secretary of the borough shall record the acceptance of any such incorporated cemetery company in the ordinance book of the borough, and a copy of the ordinance and the acceptance thereof, certified by the burgess and secretary of the borough, shall be recorded in the office of the recorder of deeds. of the county.

Section 5. Authority is vested in the court of quarter sessions to make such orders for the regulation of burial grounds, situated in and adjacent to boroughs, as the public good shall require; and when any burial ground shall become so neglected as, in the opinion of the court, to become a public nuisance, the court may direct the removal of the dead therefrom, by the borough authorities, to some other burial ground.

Section 6. Upon the petition of any incorporated cemetery company and a majority of the taxables of any borough, the court of quarter sessions may authorize the transfer of any cemetery to the authorities of any borough in which such cemetery may be located or be adjacent thereto.

Section 7. Such transfer shall be made without cost to the borough, and upon being made the borough authorities shall exercise the powers and privileges of such incorporated company, and may purchase lands within or beyond the borough limits, not to exceed thirty acres, for the extension of such cemetery, and may raise the means to pay for the same, by the sale of lots or otherwise, but in no event by taxation; they may lay out lots so purchased and alter the original plot of such cemetery, and may dispose of such grounds in the same manner as such incorporated company could have done.

Section 8. A deed for any lot, made by the burgess, shall be of the same validity as the deed of such incorporated cemetery company; and the burgess is authorized to make deeds to those who theretofore purchased lots, but have not been furnished with deeds by the cemetery company.

Section 9. In altering the plot of any such cemetery, the bodies may be removed and reinterred in a suitable place, but without cost to surviving relatives or friends.