Shaub v. Lancaster City

Citations

• 156 Pa. 362
• 26 A. 1067
• 1893 Pa. LEXIS 1358

Syllabus

<p>Municipalities — Distinction between ordinance and resolution.</p> <p>An ordinance is the form proper for city legislation, and requires the concurrence of the executive head of the municipal government; while an order or resolution is the proper form for such acts of councils as are temporary or ministerial in character, and do no require executive approval.</p> <p>Resolutions — Lancaster city — Act of April 5, 1867.</p> <p>The act of April 5, 1867 P. L. 783, amending the charter of the city of Lancaster, provides : “That it shall not be necessary for any order or resolution of either branch, or to which the concurrence of both branches of the council may be required, tó be presented to the mayor for his approval, but the same shall be binding for all purposes; the councils may transact business by an order or resolution; and every such order or resolution shall be filed in the archives of the city, and shall be evidence for the purposes therein contained.” Held, that the act did not authorize legislation by order or resolution, but merely referred to such current business as may be properly done by order or resolution.</p> <p>Resolution authorizing offer of reward — Incendiaries.</p> <p>A resolution of city councils authorizing the mayor to offer a reward for the arrest and conviction of incendiaries, is only binding upon the city for a reasonable time, and in determining what is a reasonable time the reason or necessity for the passage of a resolution must be taken into account.</p> <p>In 1874, a resolution of the councils of the city of Lancaster authorized and directed the mayor to offer a reward for the arrest and conviction of incendiaries. In obedience to this resolution the mayor at once issued a proclamation offering a reward. A succeeding mayor issued a similar proclamation in 1879, and again in 1881. In 1891, plaintiff procured the arrest of an incendiary, and brought suit against the city for the reward. Held, that he could not recover, as the expira