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The provisions of the Act of May 14, 1915, P. L. 312, ch. 6, art. 16, relating to water courses and ch. 6, art. 17, relating to water supply and water works, do not seem to affect the provisions of the following act.

The Act of May 3, 1917, P. 141, relating to the leasing of water-supply works and systems provides:

Section 1. The council of any city, borough, or town of the commonwealth of Pennsylvania may, on behalf of such city, borough, or town, enter into a contract with any private individual, copartnership, association, or corporation for the leasing of any water-supply works, systems and property, or both, of such private individual, copartnership, association, or corporation.

Section 2. The said leasing may be for such term of years and at such rental as shall be agreed upon by the city, borough, or town and the private individual, copartnership, association, or corporation.

Section 3. The property so acquired shall be operated in the same manner as if the same had been acquired by such city, borough, or town by purchase or condemnation proceedings.

Section 4. The council of the city, borough, or town, with the consent of the public service commission, shall fix the rates to be

(a) As to Water Supply in Boroughs see Chapters XIII, and XIV Part I, supra.

charged for the water furnished within the limits of such city, boroughs, or town to individuals, copartnerships, associations, or corporations.

Section 5. All acts or parts of acts inconsistent with this act are hereby repealed.

II. JOINT WATER-WORKS.

The Act of June 1, 1911, P. L. 541, authorizes boroughs to unite with boroughs or townships in constructing or acquiring and maintaining works for supplying water to such boroughs or townships and provides as follows:

Section 1. Two or more boroughs, or any borough or township, may unite in the construction or acquisition and maintenance of works for the supply of water to such boroughs or townships.

Section 2. That the construction of water-works, as provided for in section one of this act, shall be after plans for such waterworks have been filed with the commissioner of health, and a permit issued by him in accordance with the act of assembly of April twenty-second, one thousand nine hundred and five, entitled "An act to preserve the purity of the waters of the State for the protection of the public health."

The Act of April 14, 1905, P. L. 156, §1, 5 Purd. Dig. (13th Ed.) 5485, §824, provides as follows:

Section 1. The commissioner of forestry and the forestry reservation commission are hereby authorized and empowered to give to boroughs and other municipalities of this commonwealth, upon such terms and subject to such restrictions and regulations as said commissioner and commission may deem proper, the privilege of impounding water upon any forest reservations, now owned or hereafter to be acquired by the commonwealth, and of constructing, maintaining, and operating lines of pipes upon and through said reservations, for the purpose of conveying water therefrom, whenever in the judgment of the said commissioner and commission it shall be to the public interest so to do. (b)

(b) Under the act the forestry reservations committee and the commission of forestry have the right to permit a water company controlled by a borough to impound and use the water for the benefit of the borough. Forestry Reserves, 61 P. L. J. 549. Where the arrangement is a relief of and for the benefit of the borough, a fair and reasonable interpretation of this act authorized the commissioner to extend the right given to the borough to impound water. South Renovo Water Co., 41 Pa. C. C. 126.

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CHAPTER XXVI.

HIGH SCHOOLS. (C)

1. Power of township school district surrounding a city or borough to acquire lands for

high school purposes and matters relating thereto.

The Act of June 7, 1915, P. L. 895, authorizing township school districts which entirely surround a city or borough to acquire lands, and erect buildings for high-school purposes; exempting property so acquired from taxation; authorizing such township school directors to enter upon and occupy sufficient ground for such high-school purposes; and providing for the determination of damages done and suffered by the owners of the land by reason of the taking thereof for such high-school purposes provides as follows:

Section I. In all cases where a township school district entirely surrounds a city or borough, it shall be lawful for such school district to acquire, in such city or borough, sufficient lands for high-school purposes, and to erect thereon suitable buildings for the same.

Section 2. All lands and property acquired by any township school district, in any such city or borough, under the provisions of this act, shall be exempt from taxation by such city, borough, or school district thereof, for any purposes whatsoever.

Section 3 Whenever the board of directors of any such township school district in this Commonwealth shall be unable to procure, in such city or borough, such eligible sites for the erection of high-school houses thereon as they may deem expedient, it shall and may be lawful for the school directors of said township school district, in behalf of the said township school district, to enter upon and occupy sufficient ground in said city or borough for the purpose, which the said township school directors shall designate and mark off, not exceeding, in any case, one acre, and to use and occupy the same for the purpose of erecting thereon a high-school house, with its necessary or convenient appurtenances; and for

(c) See Common Schools, 5 Purd. Dig. (13th Ed.) 5608, §§423-437.

all damages done and suffered or which shall accrue to the owner or owners of such land, by reason of the taking of the same for the purposes aforesaid, the funds of the township school district which may be raised by taxation shall be pledged and deemed as security; and it shall and may be lawful for the court of common pleas of the proper county, on application thereto by petition, either by the said township school district, through the president and secretary of the board of directors, or by the owner or owners of said land, or any of them in behalf of all, to appoint a jury of viewers, consisting of three discreet and disinterested citizens of said county, who shall not be the owners of property or residents in the township school district, city or borough in which such land is taken, as aforesaid; and appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers to meet upon said land, of which time and place ten days' notice shall be given by the petitioners to the said viewers and the other party; and the said viewers, or any of them, having been first duly sworn or affirmed faithfully, justly and impartially to decide and a true report to make concerning all matters and things to be submitted to them, and having viewed the premises, they shall establish and determine the quantity and value of said land so taken, to be used for the purpose aforesaid, and, after having made a fair and just computation of the advantages and disadvantages, they shall estimate and determine whether any, and, if any, what amount, of damages, has been or may be sustained, and to whom payable, and make report thereof to said court; and if damages be awarded, and the report be confirmed by the said court, judgment shall be entered thereon; and, if amount thereof be not paid within thirty days after the entry of said judgment, execution to enforce the collection thereof may be issued as in other cases of judgment against said township school districts; and each viewer shall be entitled to one dollar and fifty cents per day for every day necessarily employed in the performance of the duties herein prescribed; to be paid by such district: Provided, That either party shall have the right to have re-viewers appointed by said court: And provided further, That said school directors are not authorized by this act to take land already appropriated for important public purposes, and actually required for important public purposes, nor any burial-ground, or any land belonging to any incorporated institution of learning, incorporated hospital association, or unincorporated church, incorporated or unincorporated reli

gious association; which land is actually used or held for the purpose for which such burial-ground, institution of learning, hospital association, church, or religious association was established. Section 4. All acts or parts of acts inconsistent herewith are hereby repealed.

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