Commonwealth ex rel. McCormick v. Morgan

Citations

• 178 Pa. 198
• 35 A. 589
• 1896 Pa. LEXIS 1151

Syllabus

<p>Justices of the peace — Boroughs—Interpretation of constitution.</p> <p>Article 5 of sec. 11 of the constitution, declaring that “justices of the peace, or aldermen shall be elected in the several wards, districts, boroughs, and townships at the time of the election of constables .... in such manner as shall be directed by law. . . . No township, ward, district or borough shall elect more than two justices of the peace or aldermen, without the consent of a majority of the qualified electors,” does not command the election of two justices of the peace for each ward of a borough.</p> <p>Justices of the peace — Boroughs—Division 'into wards — Act of April 3, 1851, May 14, 1874, and May 10, 1878.</p> <p>Where boroughs incorporated under the general borough act of April 3, 1851, P. L. 320, have been divided into wards under the act of May 14, 1874, P. L. 159, two justices of the peace cannot be elected for each ward in the borough, inasmuch as the supplement of the act of May 10, 1878, P. L. 51, provides that when any borough is divided into wards, by authority of the act of 1874, only two justices shall be elected by the concurrent votes of each ward. The act applies to boroughs, which, having been previously divided into wards, are further divided or subdivided under the act of 1874.</p> <p>Constitutional law — Title of act — Act of May 10, 1878.</p> <p>The act of May 10, 1878, P. L. 51, entitled, “A supplement to an act entitled an act to prescribe the manner in which the courts may divide boroughs into wards, approved May 14, 1874,” does not violate article 3, section 8, of the constitution, which provides that “No bills except general appropriation bills, shall be passed containing more than one subject which shall be clearly expressed in its title.”</p>