3 April 1851 § 30. P. L. 325.

how annexed.

II. Change of limits. (a)

17. The burgess and town council of any borough shall have power, and by virtue of this act are directed and required, on petition of any number not less Adjacent property than twenty of the freehold owner of lots or out-lots, or other tracts of land in any section lying adjacent to said borough, to declare by ordinance the admission of the section on which such petitioners and others reside; and the said section shall for ever thereafter be deemed and taken and allowed to be a part of said borough, and subject to the jurisdiction and government of the municipal authorities of said borough, as fully as if the same had been originally a part of the said borough.(b)

2 June 1871 § 4. P. L. 283. Plan of extension.

Notice.
Appeals.

8 June 1874 § 1. P. L. 251.

Extension of limits

over lands in adjoining counties.

Ibid. § 2.

Duties of commissioners.

Ibid. § 3.

of report.

Ibid. § 4. Proceedings by

18. Whenever the borough authorities shall extend the limits of such borough, they shall file a plan or plot of such extension in the office of the court of quarter sessions of the proper county, and notice thereof shall be published in at least two of the newspapers published in the county; and any citizen of the borough, or of the territory annexed, shall have the right to appeal from the ordinance of the town council, annexing such territory, to the court of quarter sessions of said county, within thirty days of the filing of such plan or plot; and thereupon the said court shall have power, at its discretion, to decree or refuse such extension of borough limits, in the same manner as under the third section of the act of first of April, Anno Domini 1834, relating to boroughs.

19. Upon the petition of a majority of the taxable inhabitants of any described territory, situate in two or more counties in this commonwealth, to the courts of quarter sessions of the peace of all the counties in which said described territory may be situate, expressing a desire to have said territory included within the limits of any borough adjacent thereto, it shall be the duty of each of said courts to appoint one commissioner, who, when appointed, shall select a third one who shall be a surveyor, to view the territory sought to be so annexed, and make report of their proceedings to the courts to which the petitions have been presented.

20. The commissioners aforesaid shall, within sixty days after their appointment and selection, and after being sworn or affirmed, view the territory sought to be annexed; and if they shall agree that it would be wise and proper to grant the prayers of the petitioners, they shall proceed to survey and ascertain the lines of the territory proposed to be annexed, and shall, at the next term of said courts, make reports, and in the said reports shall state particularly that they were all present at the view: Second, whether they were severally sworn or affirmed: Third, that they deem it wise and proper that the territory described should be annexed, in accordance with the prayers of the petitioners. They shall also annex and return to the courts a plot or draft thereof, stating the courses and distances, and the quantity of land therein contained.

21. If the courts shall each approve the report of the commissioners, the whole Effect of approval proceedings shall be entered on record, and then the territory so annexed shall be taken as within the limits of said borough for all intents, for borough purposes. 22. If, at the term of the courts to which said reports are made a petition should be presented, by any person or persons interested therein, praying that a rule persons aggrieved. should be granted (on) any two or more of those signing the original petition, to show cause why said report should not be approved, the court to which such petition is presented, may, in its discretion, grant said rule, making it returnable at no greater distance of time than the following term of the said court; and if, upon the hearing of said rule, the court should be of opinion that it would be unjust to those claiming to be aggrieved, to have said territory annexed, as aforesaid, then the report of the commissioners shall not be affirmed, and the persons signing the original petition shall pay the costs of the whole proceedings; but, in case the rule is discharged, then the costs upon the same shall be paid by those petitioning to have it issued.

Ibid. § 5. Compensation of commissioners.

17 May 1883 § 1. P. L. 867.

Jurisdiction of quarter sessions.

23. The commissioners aforesaid shall each receive five dollars per day, for each and every day necessarily employed in the discharge of their duties, to be paid out of the funds of the borough to which the territory is annexed, in case they report in favor of granting the prayer of the petitioners, and the approval thereof; but in case the report should be against annexation, or should not be approved by the courts, then the costs to be paid by the petitioners.

24. The several courts of quarter sessions within this commonwealth, by and with the concurrence of the grand jury of the county, shall have power to change the limits of any incorporated borough within this commonwealth. 25. When an application is made to the court by the inhabitants of any lots,

(a) For proceedings for annexation to cities, see act 24 May 1887, art. 3, P. L. 204. Tit. "Municipal Corporations."

(b) To render operative a proceeding under this section, all the requisites and preceding conditions must be shown, with reasonable certainty, to have

existed; the petitioners must be the owners of the lots, &c., to be included, and all residents thereon. Devore's Appeal, 56 P. S. 163. See McFate's Appeal, 105 P. S. 323. This provision is not repealed by the act 11 June 1879. Tunkhannock Borough, 3 C. C. 480.

P. L. 150.

out-lots or other tracts of land, adjacent to a borough, to be annexed to said 11 June 1879 § 2. borough, it shall be in writing, and shall be signed by a majority of the freeholders residing within the limits to be annexed, and shall set forth a particular Applications for description of the boundaries, exhibiting the courses and distances in words at annexation of adlength, and be accompanied with a plot or draft of the same; it shall also appear by jacent lands. proof satisfactory to [the] court, that a notice of the intended application has been personally served upon the burgess and town council of the borough, and the supervisors of the township in which the petitioners then reside, and that public notice has been given of such application in at least one newspaper of the proper county, by publication for a period of not less than thirty days immediately before the petition shall be presented.

Ibid. § 3.

26. The court shall cause the aforesaid application to be laid before the grand jury when in session, and if a majority of said grand jury, after a full investiga- Proceedings tion of the case, shall find that the conditions prescribed by this act have been thereon. complied with, and shall believe that it is expedient to grant the prayer of the petitioners, they shall certify the same to the court; which certificate shall be entered of record and may be confirmed by the court; and if the decree of the court shall be in conformity with the prayer of the petitioners, the said petition and decree shall be recorded in the recorder's office of the proper county, at the expense of the applicants; and from thenceforth the said limits so annexed shall be deemed, taken and allowed to be a part of said borough, and subject to the jurisdiction and government of the municipal authorities of said borough, as fully as if the same had been originally a part thereof; but if the court shall deem further investigation necessary, they may take such order thereon as to right and justice shall appertain. (c)

P. L. 98.

27. In all cases where the dividing lines between adjoining boroughs, situate in 18 June 1883 § 1. the same county, separate the property of the same owner into two or more parts, the court of quarter sessions of the peace of the county in which the said boroughs Courts may decree are situate, shall have power, and are hereby authorized, by a decree of the said change of dividing court, to so change the said dividing lines, as that the whole of the said property shall be thereafter located in one or the other of the said boroughs.

lines.

Ibid. § 2.

When jurisdiction

28. This jurisdiction shall be exercised only upon the petition of the borough authorities, of one or the other of the said boroughs, or upon the petition of the said owner; and the expenses and costs thereof shall be paid by the petitioner, nor to be exercised. shall such change be made without the written consent of all the said parties, who may not be petitioners, being first filed of record.

P. L. 285.

29. Whenever proceedings shall have been or shall hereafter be commenced in 1 June 1887 § 1. any court of this commonwealth for the purpose of changing the limits of any borough, by annexing thereto any adjacent tracts of land, or detaching therefrom Court to appoint any territory included therein, and the same shall have been approved by the grand an auditor. jury to which the application shall have been submitted, it shall be the duty of said Duties. court, before entering the decree confirming the same, to appoint an auditor, who shall ascertain the existing liabilities of the several boroughs, townships and school districts, which may be affected by the said change of limits, the amount and value of the property owned by each, and the amount and value of the property passing to or from each borough, township or school district, and the assessed valuation of all property liable to taxation for borough, township or school purposes, as shown by the last annual assessment in each of said boroughs, townships and school districts, and within the limits of the part annexed to or detached from said borough, and shall report the same to said court, with the form of a decree adjusting the Report. liabilities for all indebtedness and the value of property held or acquired by each Decree. justly and equitably upon said borough, township and school district, respectively; and said court shall be authorized to direct the amounts that shall be paid one to Duties of court. the other, and the time and mode of payment, and, if necessary to a proper and just adjustment of the same, may order and direct a special tax to be levied, upon the property so annexed to or detached from said borough, for the payment of so much of the indebtedness as may be awarded against it, and direct how the same shall be assessed and collected.

30. Said court shall, at the time of making such appointment of an auditor, direct notice to be given of the time and place of meeting of the auditor and of the time of making his report and of the hearing thereon, in such manner and for such time as it may deem necessary and proper to give full notice to all parties interested, and shall make such other and further orders as may, to it, seem meet and proper. (d)

Ibid. § 2. Notice of audit.

Ibid. § 3.

Enforcement of

31. Upon making the decree hereinbefore provided, the same shall be conclusive upon all parties interested, and the said court shall have power to enforce the same by appropriate orders and decrees, and by attachment of all public officers refusing decrees. to obey the same, and to punish such disobedience, by fine and imprisonment, or either, at the discretion of the court.

(c) In a proceeding to annex adjacent territory to a borough, no appeal lies on the merits to the supreme court. Camp Hill Borough, 142 P. S. 511.

(d) The costs of audit must be paid by the borough. Hazleton Borough, 5 Kulp 187.

1 June 1887 § 4. P. L. 285.

ment.

32. When said court shall make a decree changing the limits of any borough, by detaching therefrom any portion of the territory included therein, it shall be the In case of detach duty of said court to make a further decree, directing that the portion so detached shall constitute a new borough, a new township, or become part of an adjacent borough, township or townships, as to said court may seem for the best interests of the several boroughs, townships and school districts affected thereby, and the residents of territory, so detached, and in case of the erection of a new borough, or township, or school district, shall order and direct a special election to be held for the election of proper officers therefor, as provided by law: Provided, That no new borough shall be created, unless the intention to do so has been set forth in the original petition filed, or after thirty days' notice, in such manner as the court may direct.

Ibid. § 5. New borough.

Officer residing in

33. In case the officers of the borough, from which any territory is detached, or detached territory. any of them, shall reside in the portion so detached, they shall, from the time of the decree, cease to exercise the function of said office or offices, and the same shall be and become vacant and shall be filled in the manner prescribed by law for filling vacancies in such offices. And the remaining members of council shall constitute a quorum for the transaction of all business, until the vacancies shall have been filled as herein provided.

Vacancies.

Quorum.

18 April 1877 § 1. P. L. 55.

Re-establishment of boroughs.

III. Re-establishment of boroughs.

34. In all cases, where cities of the third class have been formed by joining together two or more boroughs, it shall be lawful for the courts of common pleas of the proper county, upon the petition of not less than one-third of the registered voters of the territory, proposed to be erected into such borough, formerly com prised within the limits of either borough, setting forth that the inhabitants of said territory wish to separate from the city of which they form a part, and to estabCommissioners to lish therein a borough organization, to appoint three commissioners, whose duty it be appointed. shall be to investigate the facts set forth in such petition, and to report to the said court as to the expediency or inexpediency of granting the prayer of the petitioners.

Ibid. § 2. Reports of commissioners.

Election to be held.

Appointment of borough officers.

Ibid. § 3. Adjustment of indebtedness.

Ibid. § 4.

Bonds to be issued therefor.

Ibid. § 5. Adjustment of taxes levied.

35. If the facts, as set forth in the petition, are sustained by the commissioners, and their report shall be in favor of setting off such territory, named therein, from the city, they shall accompany their report with a survey and map of such territory, formerly comprising said borough, or any such part thereof, as may be described in said petition, and the court shall thereupon order an election to be held, on the next appointed day for holding a state or city election, at which time, the legal voters within said territory shall vote for or against such separation; and if a majority of votes cast at such election shall be in favor of such separation, then the court shall make a decree declaring such territory a borough, and appoint one person qualified to serve as a member of the senate of this commonwealth, to be the burgess of said borough, and five persons, qualified to serve as members of the house of representatives of this commonwealth, to constitute the borough council thereof, who shall hold their respective offices until the next election succeeding their appointment, and until their successors in office are duly qualified. And from the date of such decree by the court, the territory so erected into a borough, and the inhabitants thereof, shall be subject to all the laws of this commonwealth regulating boroughs therein, and shall no longer be subject to the laws, rules and ordinances of such city, but shall be separate and independent therefrom.

36. Immediately after a decree of the court, establishing a borough in pursuance of this act, an auditor shall be appointed by said court, whose duty it shall be, to inquire into, and ascertain as nearly as possible, the entire indebtedness existing and owing on the part of such city from which territory has been set off and erected into a borough; he shall likewise take into account, and embrace in a report to be made by him to the said court, the cost of the public buildings, and all other property owned, in whole or in part, by such city, purchased at the general expense of the same, and show therein how much of said indebtedness would be the proportionate share of such debt, properly and justly chargeable to the inhabitants and property embraced in the territory so set off from such city, after reasonable and proper allowance for a proportionate credit for the value of the property owned and purchased by said city prior to the establishment of a borough in pursuance of this act.

37. Should there be any indebtedness remaining which would be justly chargeable to the borough erected out of territory formerly a part of any city of the third class, as provided in this act, then the authorities of such borough are hereby required to issue and deliver to the proper authorities of such city interest-bearing bonds, payable on the part of said borough only in liquidation of so much as may be the ascertained proportionate share of such debt as was owing on the part of such city, at the time of the court's decree declaring a borough as herein provided. 38. In all cases where an assessment has been made, and tax duplicates issued and in the hands of persons authorized to collect taxes, levied prior to the estab lishment of a borough as provided in this act, then such an adjustment shall be

P. L. 55.

made by the authorities ruling in such city and borough as will secure to said 18 April 1877 § 5. borough a just and equitable proportion of the taxes collected within the limits thereof, for the current year immediately preceding such organization of a borough government; and nothing herein shall be construed in such a way as to prevent the proper authorities of such city collecting taxes upon tax duplicates that were issued and in the hands of tax receivers or collectors at the time of the establishment of a borough in pursuance of this act.(e)

IV. Seceding boroughs.

P. L. 393.

39. Whenever any incorporated borough shall include within its limits two or 29 May 1889 § 1. more villages, it shall be lawful for a majority of the freeholders residing in any one or more of the said villages to make application, by a petition in writing, to Seceding the court of quarter sessions of the county wherein such village or villages are boroughs. situate, praying that the said village or villages may be set off from the said borough and erected into a new and separate borough; and upon the presentation of the said petition, the said court of quarter sessions, by and with the concurrence of the grand jury of the county, shall have full power and authority to set off and divide the said village or villages from the said borough and to incorporate such village or villages into a new borough.(g)

40. The said village or villages, so incorporated, shall thereupon become a body politic under such name as shall be given or sanctioned by the court, and shall have all the rights, privileges and powers conferred by law upon boroughs within this commonwealth.(h)

41. The said court of quarter sessions shall further have power to fix the time and place for holding the first election in said borough, to designate a person to give due notice of such election, to appoint a judge and inspectors of such first election, from among the electors of the borough, and to fix and change the place within the borough of holding the annual election.

42. All laws or parts of laws inconsistent with the provisions of this act are hereby repealed.

V. Consolidation of boroughs.

Ibid. § 2.

New borough to become body politic, &c.

Ibid. § 8.

First election.

Polls.

Ibid. § 4.

Repealing clause.

P. L. 835.

43. Whenever two or more boroughs duly incorporated under the laws of this 6 June 1893 § 1. commonwealth shall be adjacent thereto and of such compact and contiguous Two or more territory as to form one municipal division, it shall and may be lawful for the said boroughs may be boroughs to be consolidated into one borough, so that all the property, rights, consolidated. franchises and privileges, then by law vested in either and both of said boroughs, Rights and franmay be transferred to and vested in the borough formed by such consolida-chises vested in 44. Such consolidation shall be made under the following conditions, that is to say:

tion.

First. The town council of each borough may enter into a joint agreement, under the corporate seals of each borough, for the consolidation thereof into one borough, which joint agreement shall set forth the name of the new corporation, the number of wards into which such consolidated borough shall be divided, not exceeding nine, and the territorial boundaries thereof.

new borough.

Ibid. § 2. Consolidation, how made.

Second. Said agreement shall be submitted to the vote of the qualified electors Submission to of each of the said boroughs at a special election to be held on a day to be designated vote. in the said joint agreement, which election shall be held by the regularly constituted election officers in and for said boroughs, and in accordance with the provisions of the laws of this commonwealth regulating elections by the people. If such special election shall be ordered within ninety days of any general election or election for municipal officers, the election shall be held on the day now fixed for the holding of such elections. Such election shall be by ballots which shall be marked "Proposed Consolidation," and below shall be printed the words "For Consolidation" and "Against Consolidation," and the elector shall designate with a X his desire to vote for or against such consolidation. Notice of such election shall be given by proclamation by the constables of the respective boroughs in the manner provided for proclamations for elections for municipal officers, and if the majority of the votes cast at such election in each of the said boroughs shall be in favor of the ratification of said agreement, then that fact shall be certified to the town council of each of the said boroughs by the respective election boards or return judges, and the chief burgess and town clerk of the respective boroughs shall cause a declaration of the result of such election to be indorsed upon said joint agreement, and the agreement so adopted, or a certified copy thereof, with all its indorsements shall

(e) This act and the act of 11 June 1879 are constitutional. Pottstown Borough Extension, 1 Montz. 189. Lansdale Borough, Ibid. 192. In re Borough, 117 P. S. 538.

(g) This act is constitutional. Sharon Hill Borough, 4 Del. 252.

(h) Upon the incorporation of a new borough out of an old borough having a funded debt, the rights and liabilities of the old borough should be adjusted under the act of 1 June 1887, § 1, P. L. 285. Sharon Hill Borough, 140 P. S. 250.

P. L. 335.

6 June 1893 § 2. be filed in the office of the secretary of the commonwealth, and a copy of such agreement and act of consolidation, duly certified by the secretary of the commonwealth under the seal of his office, shall be evidence of the existence of said new Governor to issue Corporation, and upon the filing thereof, the governor shall cause letters-patent to letters patent. be issued under the great seal of this commonwealth, erecting the said consolidated boroughs into one corporation by the name set forth in said joint agree

Ibid. § 3. Boroughs to

then be one municipal corporation.

Ibid. § 4.

Rights transferred to new borough.

ment.

45. Upon the issuance of such letters-patent the several boroughs, parties to said joint agreement, shall be deemed and taken to be one municipal corporation by the name provided in said agreement, possessing all the rights, privileges and franchises of the respective boroughs and to be governed and controlled in accordance with the provisions of the acts of assembly theretofore governing and controlling the affairs of the borough which shall have been first incorporated.

46. Upon the consummation of the consolidation as aforesaid all and singular, the rights, privileges and franchises of each of said boroughs and all the property real, personal and mixed, and all debts due on whatever account and other things in action belonging to each of said boroughs shall be taken and deemed to be transferred to and vested in such new borough, without further act or deed, and all property, all rights of way and all and every other interest shall be as effectually the property of the new borough as they were of the former boroughs, parties to said agreement, and the title to real estate, whether by deed or otherwise, under the laws of this commonwealth vested in either of said boroughs shall not be Rights of creditors. deemed to revert or be in any way impaired by reason of this act: Provided, That all the rights of creditors and all liens shall be preserved unimpaired, and the respective boroughs may be deemed to continue in existence to preserve same, and all debts, liabilities and duties of either of said boroughs shall henceforth attach to said borough and be enforced against it to the same extent as if said debts, liabilities and duties had been incurred by or contracted by it.

Ibid. § 5. Chief burgess of new borough.

Chief burgess of other borough.

Council of each borough.

Election of members of council.

Ibid. § 6.

Term of office of chief burgess.

Ibid. § 7.

47. The chief burgess of that borough which shall have been first incorporated shall be the chief burgess of the new borough, to serve as such until a chief burgess shall have been elected and duly qualified in accordance with the laws of this commonwealth. The chief burgess of the other borough shall become a member of the town council of the new borough from that ward in which he shall reside and shall continue a member thereof until the expiration of his term of office. The members of the town council of each of the said boroughs shall be members of the town council of the new borough from the wards in which they respectively reside, and no election for members of the council shall be held in any of the wards of the new borough until the number of members from such ward shall have been reduced to three by the expiration of the terms of service of members in office at the time of such consolidation, and thereafter, annually, there shall be elected in each ward one member of council for the term of three years, and all vacancies in the office of chief burgess or member of the town council shall be filled in the manner provided by law.

48. The chief burgess elected in such new borough shall hold his office for the term of three years, and thereafter, triennially, the qualified electors of said borough shall elect one person to be chief burgess at the time and in the manner now provided by law.

49. The chief burgess of such borough shall not be a member of the town council or entitled to a seat therein, but shall have the power to veto any ordinance or to be a member of resolution passed by the said council, and no ordinance or resolution enacted by the

Chief burgess not

council.

Veto power.

Ibid. § 8. School district. School board.

Ibid. § 9. Overseers of the poor and street commissioners.

said council shall become effective until signed by the burgess, unless the same shall be passed over his veto by the affirmative vote of two-thirds of ali of the members of such council. The chief burgess shall either consent or disapprove, with his reasons for such disapproval, of every ordinance or resolution passed by said council, within ten days thereafter. And the vote upon passing any ordinance or resolution over the veto of the chief burgess shall be taken at the next stated session of the town council thereafter.

50. Every such consolidated borough shall form one school district, and the members of the school board of each of the boroughs shall continue members of the school board of the new borough until the expiration of their terms of service, and no member of the school board shall be elected to serve in any ward until the number shall have been reduced to three by the expiration of the terms of office, and thereafter there shall be elected in each ward one person to serve as school director for the term of three years. All vacancies in the office of school director shall be filled at the time and in the manner now provided by law.

51. The overseers of the poor and street commissioners of each of the said boroughs shall continue in office as officers of the new borough until the expiration of their respective terms of office, and no elections shall be held in such borough for overseer of the poor or street commissioner until the number shall have been reduced to two by the expiration of the terms of office of the present incumbents, and thereafter, annually, there shall be elected by concurrent votes of the electors of such borough, one person as overseer of the poor and one person as street commissioner, each of whom shall hold their office for the term of two years, or until