Wade v. Oakmont Borough

Citations

• 165 Pa. 479
• 30 A. 959
• 1895 Pa. LEXIS 1029

Syllabus

<p>Boroughs—Municipal indebtedness—Division of boroughs—Special tax —Decree nunopro tunc—Acts of April 20, 1874, and June 1, 1887.</p> <p>Under the act of June 1, 1887, P. L. 285, relating to division of boroughs, a special tax by the new borough to meet a part of the indebtedness of the. old borough, must be preceded by the decree of the court. . The court of quarter sessions must define to what extent and within what limits that special power shall be exercised. Until the court has made such a decree, the borough councils cannot act.</p> <p>Where the court in the decree incorporating the new borough has failed to authorize a tax for the payment of a part of the debt of the old borough, and the councils of the new borough subsequently pass an ordinance providing for such a tax, the court of quarter sessions may amend its decree nunc pro tunc, and thus legalize the ordinance.</p> <p>An annual sum to be paid monthly for lighting the streets of a borough for a limited term is not the incurring of a new indebtedness within the meaning of the constitution, or of the act of April 20, 1874, P. L. 65.</p> <p>If the contracts and engagements of municipal corporations do not overreach their current revenues, no objections can be lawfully made to them, however great the indebtedness df such municipality may be, for in such ease their engagements do not extend beyond their present means of payment, and so no debt is created.</p>