Carpenter v. Yeadon Borough

Citations

• 208 Pa. 396
• 57 A. 837
• 1904 Pa. LEXIS 774

Syllabus

<p>Municipalities — Power to contract — Manner of contracting.</p> <p>The authority of a municipal body to legislate or to contract is conferred by the lawmaking power of the state; hence it must be exercised in the manner provided in the statute conferring it.</p> <p>Boroughs — Ordinance—Publication—Act of April 3,1851, sec. 3, P. L. 320.</p> <p>The provision in the third section of the Act of April 3, 1851, P. L. 320, relating to the publication of borough ordinances is mandatory, and until the provision of the statute has been complied with an ordinance is not effective, and is as wholly inoperative as if the municipal legislative body had not acted in the matter. Publication is a duty imposed upon the corporate officers, and until it is performed no rights are granted, and the observance of no duties is enjoined by the ordinance, which can be enforced by or against the municipality.</p> <p>If the ordinance incorporates a contract with an individual, the contract is not complete and binding upon either the borough or the individual until after publication. As the contract is incomplete the courts have no power, by mandamus, to compel the borough to make publication of the ordinance so as to complete the contract.</p> <p>The court will enforce by mandamus the performance of a mandatory ministerial duty, but it has no authority to compel a municipal corporation to execute an agreement which is a discretionary act, or to take any steps towards-the consummation of such an agreement.</p> <p>Practice, C. P. — Trial by court without a jury- — -Act of April 22, 1874, P. L. 109 — Findings of fact — Conclusions of law.</p> <p>Where a case is tried by the court without a jury under the provisions of the Act of April 22, 1874, P. L. 109, it is the duty of the court to make separate and distinct findings of fact and conclusions of law. If the court fails to do this and the failure is assigned as error, the judgment will be reversed.</p> <p>A mere “verdict” in favor of one or