Commonwealth ex rel. McChesney v. Diamond National Bank

Citations

• 9 Pa. Super. 118
• 1898 Pa. Super. LEXIS 129

Syllabus

<p>Boroughs — Payment of warrant enforced by mandamus.</p> <p>Payment of the debts of a borough, lawfully incurred in the daily administration of its affairs, is purely ministerial, ordinarily involving no executive action and devolves upon council and the treasurer.</p> <p>A warrant given in payment of a lawful debt of a borough incurred in its ordinary business affairs, signed by the president of the council is sufficiently executed and the treasurer will be directed by mandamus to pay such warrant.</p> <p>Public officers — Boroughs—General power of burgess defined.</p> <p>The burgess of a borough may exercise judicial, executive and ministerial power in the full discharge of his duties under the law; but his authority to exercise either must clearly appear.</p> <p>Power of burgess in regard to signing and vetoing ordinances, etc.</p> <p>The power conferred by law on a burgess by the Act of May 23, 1893, P. L. 113, to sign and veto ordinances and regulations, etc., refers to measures which are legislative in character, such as a permanent rule of conduct for the government of the citizens; or of the borough in general ; or the creation of liability, through contract or otherwise. Acts of councils temporary and ministerial in character which relate to the orderly transaction of internal current business of councils do not require executive approval.</p>