In re Annexation of Morrellville Borough

Citations

• 7 Pa. Super. 532
• 1898 Pa. Super. LEXIS 337

Syllabus

<p>Borough annexation — Practice, Q. S. — Parties to petition to quarter sessions..</p> <p>In proceedings for annexation of a borough by a city under the Act of May 23, 1889, P. L. 277, the petition invoking action by the quarter sessions for election purposes, jurisdiction is vested upon petition filed by the presidents of councils. The neglect or refusal of the mayor to act cannot have the effect of nullifying the law.</p> <p>Borough annexation — Presumptions as to proof of — Jurisdictional averments — Jurisdiction, Q. 8.</p> <p>It is sufficient if the necessary jurisdictional facts are averred in the petition, i. e. (1) that annexation has been invoked by a petition of three fifths of the taxable inhabitants, (2) legal enactment by the annexing city of the annexation alliance. No adverse presumption arises from the fact that the city ordinance was not certified by the city clerk. The court has power to act upon the averment of the jurisdictional facts, and as the law provides no mode of bringing on the record the evidence given on the hearing, ail appellate court is bound to presume on appeal that the facts averred were proved in a manner sufficient to satisfy the conscience of the court.</p> <p>Ordinances— Verbal amendments.</p> <p>A verbal amendment on third reading of an ordinance is not invalid because not printed, especially when the ordinance without amendment would have to be construed precisely as read when amended. The context would correct a printer’s blunder.</p> <p>Municipal ordinance — Constitutional law — Annexation of borough — Double subjects.</p> <p>An ordinance annexing a borough, already divided into three wards, is not open to an objection that it is void as containing two unrelated subjects.</p> <p>Whether an annexation ordinance was vetoed by the mayor is a question of fact for the determination of the court of quarter sessions, and the findings of that court on the merits or facts are not subject to review by the' appellate court. An appeal