The preliminary provisions of Borough Code, May 14, 1915, P. L. 312, Chapter I, Article I, §§1-9, 5 Purd. Dig. (13th Ed.) 5376, §§1-11, as amended by the Act of July 6, 1917, P. L. 704, provide as follows:

Section 1. This act (p) shall be known and may be cited as "The General Borough Act."

Section 2. This act does not include any provisions and shall not be construed to repeal any acts, relating to:

First. The assessment, levy, and collection of taxes, except taxes on dogs. (q)

Second. The procedure for the collection of municipal claims by liens. (r)

Third. The amount and method of incurring or increasing bonded indebtedness. (s)

Fourth. Election officers and conduct of elections. (t)

Fifth. Poor districts. (u)

(p) The Act of May 14, 1915, P. L. 312 was intended to furnish a complete and exclusive system for the government and regulation of boroughs. Parker v. New Kensington Borough, 9 Munici.152; 7 Westmld. 106.

(q) See Municipal Claims, 3 Purd. Dig. (13th Ed.) 2625; 6 Purd. Dig. (13th Ed.) 6690; and Taxes, 4 Purd. Dig. (13th Ed.) 4527; 7 Purd. Dig. (13th Ed.) 7603.

(r) See Municipal Claims, 3 Purd. Dig. (13th Ed.) 2625; 6 Purd. Dig. (13th Ed.) 6690.

(s) See I Purd. Dig. (13th Ed.) 519, §§250, 251.

(t) See Part II, Chapter XVII infra; and as to Elections generally, 2

Purd. Dig. (13th Ed.) 1307; 5 Purd. Dig. (13th Ed.) 5977.

(u) See 3 Purd. Dig. (13th Ed.) 3548; 6 Purd. Dig. (13th Ed.) 7104.

Sixth. Boards of Health. (v)

Seventh. Common schools. (w)

Eighth. Borough and ward constables. (r)

Ninth. Justices of the peace. (y)

Tenth. The giving of municipal consent to public service corporations. (z)

Eleventh. State roads, state-aid roads, and private roads. (a) Twelfth. Validations of elections, bonds, ordinances, and acts of corporate officers.

Thirteenth. Crimes and offenses by borough officers. (b)

Section 3. The provisions of this act so far as they are the same as those of existing laws are intended as a continuation of such laws, and not as new enactments. The repeal by this act of any act of assembly or part thereof shall not revive any act or part thereof heretofore repealed or superceded (c); nor affect the corporate existence of any borough heretofore incorporated.

The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution, pending or to be instituted, to enforce any right or penalty or punish any offense under the authority of such repealed laws. All ordinances, regulations, and rules made pursu

(v) See Part II, Chapter XVI, infra.

(w) See 5 Purd. Dig. (13th Ed.) 5543.

(x) See I Purd. Dig. (13th Ed.) 720; 5 Purd. Dig. (13th Ed.) 5668. (y) See 2 Purd. Dig. (13th Ed.) 2080; 5 Purd. Dig. (13th Ed.) 6491. (z) See Public Service Corporation, 6 Purd. Dig. (13th Ed.) 7204. (a) See Roads, Highways and Bridges, 4 Purd. Dig. (13th Ed.) 4163; 6 Purd. Dig. (13th Ed.) 7327, and Part II, Chapter XXI infra.

(b) See 1 Purd. Dig. (13th Ed.) 912, §59 et seq., 1000, §§419-428; 5 Purd. Dig. (13th Ed.) 5837, and Part II, Chapter IX, infra.

(c) The Act of May 14, 1915, P. L. 312 has no application to boroughs which have not accepted its provisions, but under art. 1, §3 which provides that the repeal of an act or a part thereof shall not revive any acts previously repealed or superceded, special acts repealed by the Acts of 1911 and 1913 are not revived. Commonwealth v. Brennan, 258 Pa. 1; Commonwealth v. Scherr, 258 Pa. 7; Commonwealth v. Reese, 258 Pa. 9. The repeal of the Acts of 1911 and 1913 does not reinstate special acts repealed by those acts. Commonwealth v. Scherr, 13 Sch. L. R. 102. One who has no personal interest has no standing as relator in quo warranto. Commonwealth v. Brennan, 13 Sch. L. R. 108. For specific case wherein a writ of quo warranto to oust members of a borough council from office, was quashed where the borough was incorporated under special acts which the relators contended were revived by the repeal of the Acts of 1911 and 1913 by the Act of 1915, see Commonwealth v. Brennan, 258 Pa. 1; Commonwealth v. Scherr, 258 Pa. 7; Commonwealth v. Reese, 258 Pa. 9.

ant to any act of assembly repealed by this act, shall continue with the same force and effect as if such act had not been repealed. Any person holding office under any act of assembly repealed by this act shall continue to hold such office until the expiration of the term thereof, subject to the conditions attached to such office prior to the passage of this act.

Section 4. The provisions of this act shall be severable, and, if any of the provisions shall be held to be unconstitutional, such decision shall not affect the validity of any of the remaining provisions of this act.

Section 5. Whenever, in this act, reference is made to any act by title, such reference shall also apply to and include any codification wherein the provisions of the act referred to are substantially re-enacted.

Section 6. This section as amended by the Act of July 6, 1917, P. L. 704, §1, reads as follows:

Section 6. This act shall apply to all boroughs incorporated under general law and to all boroughs incorporated under special law which have accepted the provisions of the act of April third, one thousand eight hundred and fifty-one, entitled "An act regulating boroughs," and also to all boroughs incorporated since April third, one thousand eight hundred and fifty-one, by special act of assembly, which by the act of incorporation have been given the general powers of boroughs incorporated under the general law. This act shall not annul or repeal any local or special act in force at the date of the passage of this act, or any provision thereof. (d)

Section 7. Any borough or incorporated town, incorporated or acting under any local or special act of Assembly, may surrender the provisions of its special acts, so far as they are inconsistent with this act, by presenting a petition to the court of quarter sessions setting forth the desire of such borough or incorporated

(d) The borough law of April 3, 1851, P. L. 320, was held to apply only to boroughs incorporated after its passage. Commonwealth v. Montrose Borough, 52 Pa. 391. A local law governing a township has no application to that part of its territory which has been incorporated into a borough. Commonwealth v. Ben Avon Borough School Dist., 8 Pa. Super. Ct. 257, affirming 46 P. L. J. 59, and a division of a borough into two boroughs does not have any effect upon a school district until the beginning of the next school year. Hunlock v. Jones, 9 Kulp 278, 7 Del. 32. The Borough of St. Clair is not subject to the general borough laws of 1851 or 1915. Commonwealth v. Brennan, 13 Sch. L. R. 108.

town to accept the provisions of this act. Such petition shall be made by the burgess, council, or twenty-five qualified electors of the borough or incorporated town.

Upon the presentation of the petition, the court shall fix a day for hearing, of which such notice shall be given as may be directed by the court. At such hearing any inhabitant of the borough or incorporated town may remonstrate against the granting of the petition, and the court may grant or refuse the petition.

If the court grant the petition, the decree shall be recorded in the office for the recording of deeds, (e) and thereafter the borough or incorporated town shall be subject to all the provisions of this act, and any such incorporated town shall become a borough, and the local and special acts of Assembly in force in any such borough or incorporated town shall be annulled so far as they are inconsistent with the provisions of this act. When any incorporated town accepts the provisions of this act the decree of the court permitting such acceptance shall set forth the title of the new borough.

Section 8. When any borough or incorporated town shall accept the provisions of this act, as provided by section seven of this article, all liabilities incurred, rights accrued or vested, obligations issued or contracted, and all suits and prosecutions, pending or to be instituted, to enforce any right or penalty accrued or punish any offense committed prior to such acceptance, and all ordinances, shall continue with the same force and effect as if no such acceptance had been made.

Section 9. This act shall take effect on the first day of July, one thousand nine hundred and fifteen.

(e) Where the records of the court on which a decree has been entered, directing a borough to be subject to the act, has been lost, secondary evidence may be admitted. Richard's Appeal, 122 Pa. 547.