Incorporation of Linton Borough

Citations

• 5 Pa. Super. 36
• 1897 Pa. Super. LEXIS 187

Syllabus

<p>Borough — Incorporation of — Prescribed conditions essential.</p> <p>': Under the Act of June 26, 1895, P. L. 389, the court of quarter sessions has no authority to decree the incorporation of a borough unless it shall find that the conditions prescribed by law have been complied with and shall believe that it is expedient to grant the prayer of the applicants.</p> <p>Borough incorporation a public duty — Estoppel inapplicable.</p> <p>Proceedings for the incorporation of a borough are not in the nature of a private litigation; the court has a public duty which no action of a portion of the community, no matter how large, can excuse it from performing. Tlie doctrine of estoppel or implied waiver has no application to such a case.</p> <p>. Borough incorporation — Defective notice fatal.</p> <p>Where the court has refused an application for the incor’poration of a borough because the conditions as to public notice prescribed by the Act of June 26, 1895, P. L. 389 have not been complied with it is not ground for reversal that the exceptants appeared and filed exceptions, and therefore were not harmed by the omission; non constat that the exceptants were all the persons interested who would have appeared and opposed the incorporation if legal notice had been given.</p>