La Porte Borough

Citations

• 26 Pa. Super. 333
• 1904 Pa. Super. LEXIS 316

Syllabus

<p>Boroughs — Incorporation—Grand jury — Quarter sessions — Act of May 29, 1889, P. L. 393 — Statutes—Repeal. . ...</p> <p>The Act of June 26, 1895, P. L. 389 repeals so much of the Act of May 29, 1889, P. L. 393 relating to “ the division of boroughs and the erection of new boroughs as provides for the concurrence of the grand jury of the county before any decree of incorporation can be legally made.</p> <p>Boroughs — Incorporation—Filing petition — Correction of mistake.</p> <p>Where, in a county in which the same person is clerk of the court of quarter sessions, and the prothonotary of the court of common pleas, the court inadvertently directs a petition for the incorporation of a borough to be filed in the office of the prothonotary instead of in office of the clerk of the quarter sessions, the mistake may be subsequently corrected by the court, if it appears that no one has been mislead or injured by it.</p> <p>Boroughs — Division of borough — Name—County seat.</p> <p>Where á borough in which the county seat is situated is divided into two boroughs, the new borough in which the county buildings are situated may receive another and different name from the original borough.</p> <p>Boroughs — Discretion of court — Review.</p> <p>The appellate court will not reverse an order of the court of quarter sessions incorporating a borough unless there is a manifest abuse of legal discretion by that court.</p> <p>Boroughs — Incorporation—Signatures—Act of June 2, 1871.</p> <p>The signing of an application for the incorporation of a borough within the three months immediately preceeding its presentation to the court, as provided by the Act of June 2, 1871, P. L. 283, is a jurisdictional fact which must be affirmatively stated in the petition, or made manifest in some way in the proceedings.</p>