Commonwealth v. Zalewski

Citations

• 261 Pa. 409
• 104 A. 683
• 1918 Pa. LEXIS 754

Syllabus

<p>Municipalities — Counties—Boroughs—Councilmen, Act of May U'h 1915, P. L. 812, Chapter 7, Article I, Section 2 — Quo warranto.</p> <p>1. Section 2 of Article I, of Chapter VII of the Borough Act of May 14, 1915, P. L. 312, designating a judge, justice of the peace of the county or burgess of the borough, when he is qualified, as the officer before whom a borough councilman’s oath of office “may be taken” is directory or permissive, not mandatory, and the oath may he taken before a notary public. •</p> <p>2. Where a suggestion for. a writ of quo warranto to oust a borough councilman from office alleged that he had never been properly-qualified because he had taken the oath of office before a notary public, and hot before one of the officers designated by the said Act of 1915, a demurrer to the suggestion was properly sustained.</p>