Waynesburg Borough's North Ward

Citations

• 29 Pa. Super. 525
• 1905 Pa. Super. LEXIS 370

Syllabus

<p>Appeals — Certiorari—Boroughs—Division into wards — Review—Commissioners — Rules of court.</p> <p>On an appeal from an order of the quarter sessions dividing a borough ward into election districts the appellate court is confined strictly to questions affecting the jurisdiction of the quarter sessions, and the regularity of the proceedings therein, and in the determination of these questions it cannot go outside of the record which the certiorari brings up. The record of other proceedings, such as the division of boroughs into wards, or the annexation of lands to the borough, are not and cannot be brought up by the writ, and therefore cannot be considered.</p> <p>The court of quarter sessions may upon petition divide a borough ward into election districts in the exercise of its constitutional power without the appointment of commissioners, and without proceeding by view, review and exceptions.</p> <p>A rule of the quarter sessions providing that commissioners shall not be appointed upon a petition for the erection or division of an election district without proof that ten days’ written notice of the time of making the application has been served upon the county commissioners, does not apply to a case where commissioners are not to be appointed.</p> <p>The fact that a petition for the division of a borough ward into election districts indicated the number of the districts and their boundaries, is not a fatal objection to the proceedings, where there is nothing to show that the court was constrained by the petition to adopt the lines of division therein recommended without exercising its own judgment and discretion.</p> <p>On an appeal from an order dividing a borough ward into election districts, where the order of the court below purports to divide the whole ward into three districts, the appellate court has no jurisdiction to determine a disputed question as to whether the three districts with the boundaries indicated in the order make up the whole of the ward.</