Commonwealth v. Schrotnick

Citations

• 240 Pa. 57
• 87 A. 280
• 1913 Pa. LEXIS 630

Syllabus

<p>Corrupt Practices Act of March 5, 1906, P. L. 78 — Filing account — Time limit — Penalty—Forfeiture of office — Borough councils — Declaration of vacancy.</p> <p>1. The provisions of the Act of March 5, 1906, P. L. 78, relating to the time for filing a sworn statement of election expenses is directory and was not intended to work a forfeiture of office for failure to file within a reasonable time.</p> <p>2. Where a borough councilman failed to file a sworn statement of his election expenses within the time fixed by the act, because of his erroneous belief that such statement need not be filed when his expenses were less than $50, but so soon as he learned his error proceeded with due diligence to file the same, he did not forfeit his office, and after filing his account was entitled to take his seat.</p> <p>3. In such case no power existed in the borough council to declare a vacancy and to appoint a person to fill it.</p>