Taylor v. Middle Coal Field Poor District

Citations

• 50 Pa. Super. 317
• 1912 Pa. Super. LEXIS 52

Syllabus

<p>Poor law — Powers of poor district — Erection of new buildings — Special Act of March 25,1862, P. L. 178.</p> <p>1. The Middle Coal Meld Poor District embracing portions of the counties of Carbon and Luzerne, and incorporated by the special Act of March 25, 1862, P. L. 178, with powers designated by reference to the Act of April 26, 1855, P. L. 294, and its supplement of April 3, 1860, P. L. 619, has no power to enter into a contract, without the approval of the courts of Carbon county, to pay an architect two per cent on a very large sum of money for his services in superintending the erection of a proposed new building which was to cost the sum upon which the architect’s commission was to be paid.</p> <p>2. In such a case the power claimed by the corporation must be found clearly written within its charter, either in express words, or by absolutely necessary implication so that without the exercise of such power it would be impossible for the corporation to fairly exercise other powers distinctly and expressly conferred.</p>