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· 1/3/1893

Young's Appeal

Citations

  • 153 Pa. 34
  • 25 A. 617
  • 1893 Pa. LEXIS 1045

Syllabus

<p>[Marked to be reported.]</p> <p>Boroughs — Election of officers — Acts of June 2, 1871, and June 1, 1883.</p> <p>A decree incorporating a borough in 1891 provided that the chief burgess should be a member of the borough council, as authorized by the act of June 2, 1871, P. L. 283. At the first election after the incorporation votes were cast for members of council as follows : two for the term of one year, three for the term of two years and two for the term of three years. Held, that, under the act of June 1, 1883, P. L. 54, which provides “ that where the burgess is one of the six members of council, he shall be elected annually, and at the first election two shall be elected for one year, and three for two years, and thereafter two and three shall be elected alternately for a term of two years,” the persons who were elected for the term of three years were not entitled to a writ of mandamus to compel the election officers to issue certificates of election to them as members of the council, there being no authority for their election.</p>

Judges: Green, Heydrick, McCollum, Mitchell, Paxson, Williams

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