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· 7/18/1916

Swissvale Borough

Citations

  • 64 Pa. Super. 63
  • 1916 Pa. Super. LEXIS 242

Syllabus

<p>Boroughs—Annexation of land—Statutes—Repeal of statutes— Acts of May 11,1901, P. L. 177, and June 1,1915, P. L. 66\\.</p> <p>• Where proceedings are instituted under the Act of May 11, 1901, P. L. 177, and a decre.e is entered separating land from a borough and annexing it to another borough, and' this decree is opened to permit exceptions to be filed to the findings of fact and conclusions of law, but before any disposition is made of such exceptions and before an auditor is appointed to adjust the fiscal matters as provided by Section 3 of the act, the Act of June 1, 1915, P. L. 664, is passed, repealing the Act of May 11,’ 1901, P. L. 177, an order entered after the date of the repealing act, reinstating the original decree, has no effect, inasmuch as the whole proceeding falls, in the absence of a final decree, with the repeal of the act.</p> <p>Proceedings which depend for their validity on a statute fall when the statute is repealed, unless such proceeding has ripened into a judgment or final decree.</p>

Judges: Henderson, Iart, Kephart, Kepi, Lady, Trexler, Williams

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