and in attendance upon elections held under the provisions of this

act.

Section 6. The clerk of the court shall make a return of the votes cast upon such question, as filed in his office, to the corporate authorities of such borough, and the same shall be placed on record upon the minutes thereof.

Section 7. If at such election a majority of the electors shall vote in favor of using said borrowed money for a purpose other than that for which it was originally authorized, the said money shall thereafter be used for such new purpose in the same manner as if it had originally been authorized and borrowed for such purpose.

Ordinances relating to the laying out or opening of a public street, lane, or alley validated by act of assembly are within the exemptions provided in the Act of May 14, 1915, P. L. 312, chapter 1, article 1, §2, para. 12.

The Act of April 15, 1907, P. L. 82, §1, 5 Purd. Dig. (13th Ed.) 5474, 8737, provides as follows:

Section 1. All ordinances passed since the sixteenth day of May, Anno Domini one thousand eight hundred ninety-one, by the councils of any borough of this commonwealth, laying out or opening any public street, lane, or alley, or part thereof, in such borough, and published in the manner prescribed by an act of the general assembly of said commonwealth, entitled "An act regulating boroughs," approved the third day of April, Anno Domini one thousand eight hundred and fifty-one; where such street, lane, or alley has been laid out, opened, and is now used and traveled by the public, and the damages therein have been paid to or released by the owners of the land over which such street, lane, or alley is laid out and opened; or where such land, over which such street, lane, or alley is opened, has been conveyed to such borough, and, in the manner aforesaid, ordained by it for said purpose are hereby validated and made good law: Provided, This act shall in no wise affect any suit or suits now pending.

(p) See Part I, Chapter VI, supra.

As to Eminent Domain generally see 2 Purd. Dig. (13th Ed.) 1399; 5 Purd. Dig. (13th Ed.) 6050 and notes thereto.

I.

2.

CHAPTER XIV.

ORDINANCES. (q)

president of council has neglected to sign same by Act of May 14, 1915.

Validation of ordinances not 3. Validation of ordinances where
recorded as provided by law
by Act of April 8, 1905.
Validation of ordinances not
published by advertisement
in public places so that proof
can be made thereof or by
reason of neglect of burgess
or president to sign under
Act of July 25, 1913.

4. Validation of ordinances not
published as required by law
or where proof of publication
cannot be made.

Acts of assembly validating elections, bonds, ordinances and acts of corporate officers, are expressly exempt from the provisions of the Act of May 14, 1915, P. L. 312, by ch. 1, Art. 1, §2, Par. 12 of that act.

I.

The Act of April 8, 1905, P. L. 119, §1, 5 Purd. Dig. (13th Ed.) 5479, §778, provides as follows:

Section I. In all cities or boroughs of this commonwealth the city clerks or the clerks of the select or common council, of the said city of borough, whose duty it is to record all ordinances passed by the select and common councils and approved by the mayor, or passed by a legal majority of councils without his approval, or becoming a law by reason of the mayor not having returned the same, and who have duly published any such ordinance or ordinances, as required by law, but have failed or neglected, within the time directed by law, to so record any such ordinance or ordinances, in books provided by the said cities or boroughs for that purpose, be and they are hereby authorized to record all such ordinances within thirty days from the passage of this act, with

(q) For discussions on matters relating to Borough Ordinances see Vale's Dig. Vols. I, col. 2611-2618; XI, col 1023-1032; XIII, col. 823-829. A borough, which has, for twelve years, treated the repeal of certain sections of an ordinance as valid, has no standing in a court of equity to question the validity of the repeal to the prejudice of those who have invested their money in reliance upon the ordinance as amended by the repeal. Thompson & Fisher v. Snyder & Lykens Borough, 20 Dauphin 135, 45 Pa. C. C. 364.

the same power and effect as if originally recorded in time; and each and every such ordinances, when so recorded within thirty days from the passage of this act, shall be as valid and effectual to all intents and purposes as if the same had been recorded within the time and in the manner heretofore directed by law; and all contracts, obligations and payments heretofore made or given, or hereafter to be made or given, in pursuance of any such ordinance or ordinances, shall, when such ordinance or ordinances shall be recorded within the time and in the manner herein-provided, be as valid and binding as though the said ordinance or ordinances had been originally recorded within the time and in the manner required by law.

2. The Act of July 25, 1913, P. L. 1023, §1, 5 Purd. Dig. (13th Ed.) 5478, §777, provides as follows:

Section 1. Where ordinances have heretofore been duly enacted in the several boroughs of this commonwealth by the proper authorities, and approved by the chief burgess as required by law, or passed over his veto, and have been published in a newspaper, published in said borough or county, and transcribed in the ordinance book of such borough, but have not been further published by advertisements thereof put up in public places of such borough, or, if so further published, that proof thereof cannot be made; or where the chief burgess and president of town council, either or both, have failed or neglected to sign their name to said ordinances in the ordinance book of said boroughs,―shall be in full force and effect, without any further signing or publication, upon the town council of such borough passing a resolution accepting this act; which resolution shall be approved by the chief burgess, and published as ordinances in boroughs are now required by existing laws to be published, and transcribed in the ordinance book of such borough. (r)

3. The Act of May 14, 1915, P. L. 527, §1, 5 Purd. Dig. (13th Ed.) 5478, §776, provides as follows:

Section 1. When a borough ordinance has heretofore been duly enacted, and approved by the burgess, and has been published in a newspaper published in the borough or county, and transcribed in the ordinance book of the borough, but when the president of council has failed to sign his name to the ordinance in the

(r) This act amends §1 of the Act of June 21, 1911, P. L. 1097, and does not seem to have been repealed by the Act of May 14, 1915, P. L.

ordinance book of the borough,—any such ordinance shall be in full force and effect, without further signing or publication, if the borough council passes a resolution accepting the provisions of this act, and if the resolution is signed by the burgess, and is published, and is transcribed in the ordinance book, as ordinances of boroughs are by law required to be published and transcribed.

4. The Act of June 21, 1911, P. L. 1097, §1, 5 Purd. Dig. (13th Ed.) 5480, §786, provides as follows:

Section 1. Where ordinances have heretofore been duly enacted in the several boroughs of this commonwealth by the proper authorities, and approved by the chief burgess, as required by law, or passed over his veto, and have been published in a newspaper published in said borough or county, and transcribed in the ordinance book of such borough, but have not been further published by advertisements thereof put up in public places of such borough, or, if so further published, that proof thereof cannot be made, such, and all such, ordinances, shall be in force and effect without such further publication, upon the town council of such borough passing a resolution accepting this act; which resolution shall be approved by the chief burgess, and published as ordinances in boroughs as are now required by existing laws to be published, and transcribed in the ordinance book of such borough.