Newton v. Emporium Borough

Citations

• 225 Pa. 17
• 73 A. 984
• 1909 Pa. LEXIS 594

Syllabus

<p>Road, law — Paving—Petition of owners — Conditional signature— Tenants in common.</p> <p>1. A petition to confer jurisdiction on a borough council to pave a street must be signed unconditionally by the owners of the necessary two-thirds of the feet frontage thereon, in order to fully and legally bind the petitioners. The addition of the word “ conditionally ” after a signature, and without specifying what the condition is, renders the signature invalid, inasmuch as it puts the council upon notice that there is some condition attached to the signing, and any condition whatever will render the signature void.</p> <p>2. The signer of the petition to pave a street cannot withdraw his signature after the council has passed the ordinance prayed for by the petition. He may withdraw it, however, before any action has been taken by notice to the proper officers.</p> <p>3. Where property abutting on a street is owned by tenants in common, all of the tenants in common must sign the petition for the paving in order that the property should be counted in the two-thirds of the feet frontage necessary to sustain the petition.</p>