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· 11/18/1907

Sheraden Borough

Citations

  • 34 Pa. Super. 639
  • 1907 Pa. Super. LEXIS 195

Syllabus

<p>Constitutional law — Boroughs—Annexation, of borough to city — Local and special laws — Contiguous territory — Counties—Act of April 28,1903, P. L. 332.</p> <p>The Act of April 28, 1903, P. L. 332, entitled “An act for the annexation of any city, borough, township, or part of a township, to a contiguous city, and providing for the indebtedness of the same,” does not violate article III, sec. 7 of the Constitution of Pennsylvania, which provides that “the General Assembly shall not pass any local or special law regulating the affairs of counties, cities, townships, wards, boroughs or school districts.” That there may be a county within the commonwealth to which this act, by reason of special legislation previously passed, governing the affairs of that county, would not at present apply, is no argument against the general character of the act.</p> <p>. A statute, general in form, is not to be treated as local or special, simply because of the intervention of some unrepealed local statute which prevents it from having general effect.</p> <p>Statutes —■ Repeal — Boroughs — Annexation of territory — Allegheny county — City of Pittsburg — Act of May 10, 1871, P. L. 718.</p> <p>The Act of May 10, 1871, P. L. 718, entitled: “An act to authorize the consolidation of adjacent territory within the city of Pittsburg,” is not repealed either expressly or by implication by the Act of April 28, 1903, P. L. 332, entitled: “An act for the annexation of any city, borough, township, or part of a township, to a contiguous city, and providing for the indebtedness of the same.” The two acts are not repugnant; they stand together; and proceedings may be instituted under either to accomplish the object in view.</p> <p>Municipalities — Cities—Boroughs—Annexation—Contiguous territory -,Judicial notice — Courts—Notice.</p> <p>In proceedings under the Act of April 28, 1903, P. L. 332, to annex a borough to a contiguous city, the courts will take judicial notice of the fact that the borough

Judges: Beaver, Head, Henderson, Orlady, Rice

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