Incorporation of Flemington Borough

Citations

• 168 Pa. 628
• 32 A. 86
• 1895 Pa. LEXIS 845

Syllabus

<p>Boroughs — Incorporation—Withdrawal of names of petitioners- — Reconsideration by grand jury.</p> <p>It is no ground to set aside proceedings to incorporate a borough that the day after the report of the grand jury was agreed upon and signed by the foreman, but before it was presented to the court, the request of two of the jurors for a reconsideration of the case was refused by the foreman.</p> <p>At the same time that a petition for the incorporation of a borough was laid before the grand jury, a written request was presented to the court on behalf of some of the petitioners for leave to withdraw their names from the petition. The court made the following order: “Leave granted to lay the within before the grand jury.” Held, (1) that the order was not in terms, or by necessary or reasonable implication, leave to the petitioners to withdraw their names; and (2) that at that stage of the proceedings they had no right to withdraw them.</p> <p>An owner of land who files a specific objection to the inclusion of it in a borough will not be heard to complain that his objection was removed by decree of the court.</p> <p>Parties who oppose the inclusion of land in a borough cannot object to the exclusion of it on the ground that a formal request to exclude was not made by the owner of it.</p> <p>Boroughs — Incorporation—Power of court over boundaries.</p> <p>It seems that the authority given to the court by the act of April 1,1863, to exclude farm land carries with it the power to make such modification of the boundaries of the proposed borough as the exclusion of the land renders necessary for the protection of all interests concerned. Per Mc-Collum, J.</p>