P. L. 17.

17 April 1878 § 18. necessary in the premises; up to which time, the power, authority and jurisdiction of the officers of the old county over said new county district shall remain unabridged, but from thenceforth shall cease and determine, except as to judges of the courts.

Organization of courts.

Ibid. § 14.

Lien of mortgages, &c., not to be af fected.

Proceedings thereon.

Ibid. § 15.

52. The lien of all mortgages, judgments, mechanics' liens, verdicts, and all records which shall have been made and entered in the original county, up to and including the day of the organization of said courts, shall not be affected by the establishment of said new county; but, to proceed thereon, certified copies thereof shall be made by the prothonotary or other proper officer, which shall be entered by the like officer of the new county, and like proceedings had as in the original. 53. At the next general election after the erection of said new county, the qualified electors shall elect the said several county officers, as aforesaid mentioned, Election of county to hold their offices as is provided by law; they shall also designate by ballot the place at which shall be located the county seat, the outside of which ballot shall be labelled " county seat," and on the inside containing the name of the place desired. The place having the greatest number of votes shall be the county seat, and the commissioners of the county shall, as soon as convenient, proceed to construct the necessary buildings therefor, at the county seat; but before any particular location shall be fixed, it shall have the approval of the grand jury of the county.

officers.

Ibid. § 16. Adjustment of county indebted

ness.

Ibid. § 17. Contested elections.

22 April 1879 § 1. P. L. 26.

Removal of local actions to new

county.

Costs.

Ibid. § 2.

Re-transfer of certain records.

54. The property and taxable inhabitants of all the territory of the new county, after its erection, shall continue liable for the payment of, and shall pay its share of any debt of the county, from which such portion of territory was taken, existing at the time of the erection of such new county, in proportion to the valuation of its taxable property and number of taxable inhabitants; and the same shall be adjusted by the commissioners of the two counties, within a year after the erection of the new county; and in the event of any question arising between said commissioners in regard to said adjustment, about which said commissioners are unable to agree, said question shall be, upon the demand of the commissioners of either county, referred to and adjusted by two of the judges of the courts of common pleas of the two counties longest in commission, in such way as they may deem best; and the amount of indebtedness so adjusted and found due, if any, to the old county, shall be paid by the new county to the old, by bonds issued therefor, or by a tax for that purpose, to be levied, assessed and collected in such territory, after the erection of such new county; the whole debt so adjusted to be paid within ten years after the erection of said new county.

55. Any contest concerning the election herein provided for, shall be determined as is provided by law for the contest of the election of common pleas judges.

56. Upon the erection of any new county, as provided in said act to which this is a supplement, all local actions originally commenced in the county from which said new county shall have been taken, but which, after the division, appertain and belong to the territory embraced within the said new county, shall, upon application of any of the parties thereto, and the order of the court of the original county, or of a law judge thereof, be removed to the said new county; and in such case, the same shall forthwith be certified, so far as the docket entries of the same are concerned, and the files connected therewith shall also forthwith be delivered, by the prothonotary, or other proper officer of the original county, to the like officer of the new county, who shall enter the same of record and in file respectively; and like proceedings shall thereafter be had thereon as fully and completely as though the said actions had been commenced in the new county; (4) and the same shall be the case with all transitory actions, originally commenced as aforesaid, where the parties to the same reside within the said new county, and shall indicate by writing filed in the office of the prothonotary or other proper clerk of the original county their desire to have the same removed as aforesaid; and the same shall appertain to all the proceedings pertaining to said new county as aforesaid, that shall have been commenced in any and all the courts of said original county; and in all cases where certificates are made in accordance with the provisions of this supplement, the costs thereof shall be paid by the party applying for the same, and be taxed in the case or proceeding to abide the event thereof.()

57. Whenever a new county shall be erected under the provisions of the act to which this is a supplement, and there were, at any time, within the territory comprising it courts of record at one time established, and at another time abolished, by the former laws, and the records of the same transferred to the proper courts of the county out of which said new county has been erected, the said records and files shall forthwith be re-transferred to the proper courts of the said new county, and be therein proceeded upon as fully as any other records having their origin in the said new county; and in case process or proceeding has been had to any extent whatever upon the subject-matter connected with the whole or any part of the said records, in the proper courts to which they were by former law transferred, the proper officers of said courts shall, upon the application of any person interested, forthwith make certified copies of such process or proceeding, and the same

(y) See Herbert v. Patterson, 13 W. N. C. 126.

(z) See Hosie v. McCann, 2 Penny. 133.

P. L. 26.

shall be taken and entered by the like officers of the said new county, there to be 22 April 1879 § 2. further proceeded upon, if the same be necessary, in like manner as an original proceeding in the respective courts of said new county; and the costs of such re- Costs. transfer shall be paid by the commissioners of the new county, by order drawn on the treasurer of the county, the costs of certified copies to be paid as provided in the former section of this act: Provided, That the expenses of the removal of said records shall be paid by the territory included in the district for which such records were kept.

VI. Of new townships, &c.

P. L. 539.

58. The several courts of quarter sessions, shall have authority within their 15 April 1834 § 13. respective counties, to erect new townships, to divide any township already erected, (a) and to alter the lines of any two or more adjoining townships, (b) so Courts may erect as to suit the convenience of the inhabitants (c) thereof, and to cause the lines or new townships, diboundaries of townships to be ascertained and established.

vide old ones, &c.

Proceedings in

59. Upon application, by petition, to a court of quarter sessions for the purpose Ibid. § 14. of erecting a new township, or altering the lines of any township, or of ascertaining and establishing the lines or boundaries of any township, the said court shall such cases. appoint three impartial men, if necessary, to inquire into the propriety of granting the prayer of the petition, and it shall be the duty of the commissioners so appointed, or any two of them, (d) to make a plot or draft of the township proposed to be divided, and the division line proposed to be made therein, or of the township proposed to be laid off, or of the lines proposed to be altered of two or more adjoining townships, or of the lines proposed to be ascertained and established, as the case may be, if the same cannot be fully designated by natural lines or boundaries, all which they, or any two of them, shall report to the next court of quarter sessions, together with their opinion of the same; and at the term after that at which the report shall be made, the court shall take such order thereupon as to them shall appear just and reasonable.(e)

P. L. 489.

60. In all cases of proceedings under the 14th section of the act to which this is 26 April 1854 § 1. a supplement, for any of the purposes therein mentioned, the respective court shall direct a second commission or review, for the same purposes, on the petition When a review of a majority of the voters of the township or townships affected by said proceed- may be had, in ings: Provided, That such petition shall be presented to the court at or before the erect a new townproceedings to second term thereof, after the final confirmation of the report of the first commis- ship, &c. sion or review.

61. In proceedings to divide any township in this commonwealth, it shall be the 14 March 1857 § 1. duty of the court of quarter sessions of the proper county, when a return has P. L. 93. been made, by commissioners appointed under the provisions of the act to which Question of divisthis is a supplement, favorable to a division, to order a vote of the qualified ion of a township electors of said township to be taken on the question of a division thereof.(g)

(a) A township may be divided into as many new townships as may suit the convenience of the inhabitants. Greenwood Township, 3 Gr. 261.

(b) A proceeding to alter the lines of two or more adjoining townships, is not within the acts of 1857, infra 61. Division Line of Clay, West Cocalico and Ephrata Townships, 33 P. S. 366.

(e) It must appear on the face of the proceedings, that notice was given to the inhabitants. Norwegian Township, 20 P. S. 324. School District in Sewickley Township, 33 Ibid. 297. See Paradise Township, 4 Leg. Gaz. 382.

(d) See Windsor Township, 9 W. 248. Wyalusing Township, 2 S. & R. 402.

(e) It is no objection to the proceedings, upon a petition for the division of a township, that a division is asked for according to a designated line; nor that the order directs the commissioners to inquire into the propriety of making the division line that may be proposed; nor that the commissioners have divided the township according to such proposed line, and have not reported any inquiry as to any other division. Macungie Township, 3 R. 459. But if the order to the commissioners contain no direction to report on the propriety of the division, the defect is fatal, though they do, in fact, so report. Bethel Township, 1 P. S. 97. Conneaut Township, 1 Pitts. 470. Plum Township, 83 P. S. 73. The order should contain an explicit direction to inquire into the propriety of granting the prayer of the petition; and the report should also contain an equally explicit opinion as to the expediency or propriety of granting the prayer of the petitioners. Harrison Township, 5 P. S. 447. Limestone Township, 11 Ibid. 270. Macungie Township, 14 S. & R. 67. A report that the commissioners "are of opinion that the territory included within the lines, &c., ought to be erected into a separate town

to be voted on.

ship," is defective. Limestone Township, 11 P. S. 271. On an application for the erection of a new township, the court is confined to the adoption or rejection of the line of division asked for. Green Township, 9 W. & S. 22. Wetmore Township, 68 P. S. 340. Where the application is to divide two or more townships, and to erect a new township, the commissioners should return a draft, not only of the new township, but of the old townships as they remain after the new township is taken off; though where it is proposed only to divide a township, a return of the lines of the old township, with the division lines marked on the draft, is enough. Harrison Township, 5 P. S. 447. Wyalusing Township, 2 S. & R. 402. And a report of commissioners, appointed to alter the lines of adjoining townships, should be accompanied with a draft, not only of the lines proposed to be established, but of those proposed to be altered. Henderson and West Townships, 2 W. 269. They are not required to return a draft of the whole township; it is enough, to make a plot of the lines of the two adjoining townships proposed to be altered. Catharine and Frankstown Townships, 31 P. S. 303. Conneaut Township, 1 Pitts. 470. School District in Sewickley Township, 33 P. S. 297. The court may set aside such report, or remit it back to the commissioners, or they may alter the lines of the townships, on evidence submitted to them; and their action is not the subject of review by the supreme court. Warwick Township, 18 P. S. 372.

See

(g) This and the succeeding act were prospective only, and did not affect cases pending. Juniata Township, 31 P. S. 301. Alba Township, 35 Ibid. 271. Neither of these acts applies to a proceeding to alter the lines of two adjoining townships. Division Line of Clay, West Cocalico and Ephrata Townships, 33 P. S. 366. If a return be made favorable to the divis

14 March 1857 § 2.

P. L. 93.

be fixed by the

court.

62. It shall be the duty of the said courts, upon the return being made to them as aforesaid, to fix a day certain upon which the election officers of the Time of election to township proposed to be divided, shall hold an election at the place fixed by law for holding township elections, and to be governed therein by the several laws of this commonwealth relating to township elections. And it shall be the duty of the constable of said township, or if there be no constable, then one of the supervisors, to give at least fifteen days' notice of the time and place and (of) holding said election, by posting not less than six written or printed handbills in the most public places in said township.

Notice.

Ibid. § 3. Ballots, how voted.

Ibid. § 4. Duty of election officers.

Decree.

24 April 1857 § 1. P. L. 304.

63. The ballots to be deposited by the electors, shall have written or printed on the outside thereof the word "division," and on the inside the words "for division," or "against division.”(h)

64. It shall be the duty of the officers of said election, after the polls have been closed agreeably to law, to count the ballots, and certify, within five days thereafter, (i) the number of votes for or against a division, to the clerk of the court of quarter sessions of the proper county, who shall, after filing the said returns in his office, lay the same before the said court at the next sessions. And if it shall appear that a majority of the votes so taken are "for a division," the said court shall thereupon order and decree a division of the said township, agreeably to the lines marked out and returned by the commissioners; but if a majority of votes have been "against a division," no further action shall be had upon such proceedings.

65. In proceedings to erect a new township out of parts of two or more townships in this commonwealth, it shall be the duty of the court of quarter sessions of the proper county, when a return has been made, by commissioners appointed under tion of new town the provisions of the act to which this is a supplement, favorable to the erection of ship

Question of erec

on.

Ibid. § 2.

be fixed by the court.

a new township, to order a vote of the qualified electors of the township from which the largest number of taxables to be embraced in the proposed new township is to be taken, and also of the qualified electors outside of such township, residing within the bounds of the proposed new township, to be taken on the question of the erection of a new township.

66. It shall be the duty of the said courts, upon the return being made to them as aforesaid, to fix a day certain upon which the election officers of the township Time of election to from which the largest number of taxables to be embraced in the proposed new township is to be taken, at which the qualified electors residing within the boundaries named in the 1st section of this act may vote, shall hold an election at the place fixed by law for holding township elections in said township, and be governed therein by the several laws of this commonwealth relating to township elections. And it shall be the duty of the constable of said township, or if there be no constable, then one of the supervisors or road commissioners, to give at least fifteen days' notice of the time and place of holding said election, by posting not less than six written or printed handbills in the most public places in each of the townships which are to be divided, by the formation of the proposed new township.

Notice.

Ibid. § 3. Ballots, how voted.

Ibid. § 4.

Duty of election officers.

Decree.

12 April 1866 § 1. P. L. 109.

Adjustment of debts, &c., on erection of new townships.

Separate rates to be levied.

67. The ballots to be deposited by the electors, shall have written or printed on the outside thereof, the words new township," and on the inside, the words "for a new township," or "against a new township."

68. It shall be the duty of the officers of said election, after the polls have been closed agreeably to law, to count the ballots and certify, within five days thereafter, the number of votes for and against a new township, to the clerk of the court of quarter sessions of the proper county; who shall, after filing the said returns in his office, lay the same before the said court at the next session. And if it shall appear that a majority of the votes so taken are "for a new township," the said court shall thereupon order and decree a new township agreeably to the lines marked out and returned by the commissioners; but if a majority of the votes have been given "against a new township," no further action shall be had upon said proceedings.

69. Whenever a new township has been, or may hereafter be erected, whether by a division of one township(k) or by uniting parts of two or more adjoining townships, and whenever a borough has been, or inay hereafter be erected out of any township, or parts of adjoining townships, the court of common pleas of the proper county, sitting in equity, shall have power, upon the application of the proper authorities of said borough, township or townships, or either of them, by a suit or suits in equity, to adjust all matters of indebtedness between the said old township or townships, and the said new township or borough; and in the execution of any decree in any such suit or suits, the proper officers of the town

ion of a township, it is the duty of the quarter sessions to order an election. North Whitehall Town ship, 47 P. S. 156.

(h) The purpose of this act was, to substitute a vote of the qualified electors, for the power of revision previously existing in the court. Conneaut Township, 1 Pitts. 470.

(i) This is directory only, and a non-compliance with it will not invalidate the proceedings. Conneaut Township, 1 Pitts. 470.

(k) Where a township is parted by the line of a new county, both fractions remain liable for a debt due by the old township. Plunkett's Creek Township v. Crawford, 27 P. S. 107.

ship liable to pay shall have power to levy separate rates of taxation, if necessary, 12 April 1866 § 1. on the said parts of townships, so erected into one. e.(1)

70. Similar proceedings may be had in case of the division of any township, or upon a change of the boundaries of any township or townships.

P. L. 109.

P. L. 279.

1 May 1861 § 2. P. L. 539. 71. Any borough or township, or part of a township, may be annexed to any 8 June 1874 § 1. adjacent city, in the following manner, viz.: In the case of a borough, the town council may pass an ordinance for such annexation, whenever three-fifths of the Annexation of taxables of such borough shall present a petition asking therefor; in the case adjacent boroughs of a township or part of a township, three-fifths of the taxables shall present a cities. petition to the council of said city, asking for such annexation, which said petition, in case a part only of the township desires to be admitted, shall be accompanied by a plot of the same.

and townships to

Ibid. § 2.

72. Upon the presentation to the councils of such city of a certified copy of the ordinance, in the case of a borough, or of the petition, in the case of a township, Ordinance of anor of the petition and plot, in case of part of a township, said councils may, by nexation. ordinance, annex such borough, township or part of a township.

Ibid. § 8.

73. The action of said city councils shall be final and conclusive, unless an appeal therefrom be taken, within ten days, to the court of quarter sessions of the county; upon such appeal the clerks of said city councils, and said town council, Appeals regulated. shall certify to said court all the papers and proceedings in the case, whereupon said court shall examine and inquire, and if the proceedings appear to have been in conformity with law, shall approve the same.

Ibid. § 4.

74. Any borough, township or part of a township, annexed to any city under this act, shall immediately be arranged by the councils of said city for the purpose Representation of of representation in the said councils.

annexed territory. 13 May 1879 § 1. P. L. 52.

75. Whenever, by the division of any county of this commonwealth and the erection of a new county therefrom, under the provisions of the act of assembly, entitled "An act to provide for the division of counties of this commonwealth and Proceedings where the erection of new counties therefrom," approved the 17th day of April, Anno county is divided. Domini 1878, any township or townships shall have been divided by the new county line, the courts of quarter sessions shall have authority within their respective counties, upon application to them, by petition of at least twelve freeholders, resident in the territory mentioned or described in said petition, to appoint three impartial men to inquire into the propriety of granting the prayer of the petition; and it shall be the duty of the said commissioners, or a majority of them, after having been duly sworn to discharge their duty with fidelity, and after giving due notice in the same manner as is required by the laws of this commonwealth in relation to road views, to view the townships mentioned in the said petition, and if in their opinion, or in the opinion of a majority of them, a new township of convenient size and number of inhabitants can be erected, either by consolidating two or more of the parts of said townships remaining in the said county in which these proceedings may be instituted, after the division of the same, or by annexing one or more of such remaining parts of townships to any adjoining township, or by uniting any one or more of said remaining parts of townships with any part of any township not cut by the new county line, but adjoining any one of the said several townships, they shall make a plot or draft of the territory, which, in their opinion, should be included in the new townships, all of which they, or a majority of them, shall report to the next court of quarter sessions of said county, together with their opinion of the same; and if the said commissioners, or a majority of them, shall report in favor of the formation of a new township, the said court shall confirm the same nisi, and order a special election to be held of the qualified voters residing within the territory to be erected into a new township according to the draft of the commissioners, at a time and place to be fixed by the said court, not more than sixty days from the confirmation nisi, and at the most convenient place within said territory, to vote upon the question of erecting said new township; and if a majority of the legal votes cast at said election shall be in favor of the erection of said township, the said court, or the president judge thereof, in vacation, shall order the same to be erected and established in accordance with the report of the commissioners, and shall name the same, and shall appoint such township officers as shall be necessary to conduct the affairs of said township until the next general election of township officers, which shall occur more than three months after the said order establishing said new township has been

made.

held.

Ibid. § 2.

76. Whenever the commissioners appointed under the provisions of the first section of this act shall have reported in favor of the erection of a new township, it shall be the duty of the said court of quarter sessions to appoint officers for Election to be holding said election, who shall give notice of the time and place fixed for holding the same, by advertisement, for three successive weeks, in at least two newspapers published in the said county, and by at least five handbills posted, for at least ten days prior to said election, in conspicuous places within the territory proposed to be embraced in the new township; and shall further, at said time and place, hold

(1) See Jenkins v. Yatesville, 1 Kulp 190; and act 12 June 1878, tit. "Boroughs."

13 May 1879 § 2. said election, and return the same forthwith to the office of the clerk of the court of quarter sessions.

P. L. 52.

77. In case there shall be included in the draft returned by the commissioners aforesaid any part of a township which has not been severed by the new county line, it shall be the duty of the said commissioners to include in their report an estimate of the number of taxables and the number of square miles which would still remain in such township after the said part shall have been taken out, and to further certify to said court that, in their opinion, or in the opinion of a majority of them, the said part can be taken from said township without serious injury to the remaining part of said township.

78. The court of quarter sessions aforesaid shall have power to adjust the indebtedness of the said townships cut by the new county line, and of the townships included within this act, incurred prior to the erection of the new county, or prior to the consolidation and establishment of a new township under this act, in such manner that only the property within the old territorial limits of each township

shall be liable for such indebtedness.

79. The compensation of the said election officers, shall be two dollars a day for each day necessarily employed in their said duty; and the costs of holding said election and giving said notices shall be paid by the county in which the proceedings were had; the compensation of the said commissioners shall be the same as that now paid to road viewers under existing laws, and (to) be paid in the same

manner.

COUNTY AUDITORS.

See COUNTIES AND TOWNSHIPS; COUNTY OFFICERS.

15. May commit persons refusing to testify. 16. Fees of witnesses. To be charged to defaulting officer.

17. Proceedings where parties refuse to produce

6. Penalty for neglect or refusal to perform duties papers, or officers refuse to submit to examination.

of office.

7. Their compensation.

8. To be payable out of the county funds.

II. THEIR POWERS AND DUTIES.

9. To meet for the performance of their duties. 10. Their duties. Two to be a quorum.

11. To settle accounts of county treasurers with the state.

12. To settle accounts of directors of the poor, &c. On petition, &c.

15 April 1834 § 44. P. L. 545.

County auditors

to be elected; term of office.

27 May 1841 § 10. P. L. 402.

I. Of the election, &c., of county auditors.

1. The electors of every county shall, on the day of the general election in each year, elect one respectable citizen to serve as auditor of the county for the term of three years next ensuing each election, and until a successor shall be duly elected or appointed.

2. It shall not be lawful for any guardian of the poor, inspector of the prison, controller of public schools, members of the board of health, nor for any person Certain persons to employed in the sheriff's office, county commissioners' office, or treasurer's office of any county, to hold the office or perform the duties of auditor of such county.(m)

be ineligible.

18 Feb. 1871 § 1. P. L. 79.

15 April 1834 § 45. P. L. 545.

Court to fill vacancies.

Ibid. § 46.

To be sworn or affirmed.

3. No person shall be eligible to the office of county auditor who, within two years, shall have been treasurer of the county.

4. If an election of an auditor shall not take place as is hereinbefore provided, or if such election shall be set aside according to law, or if any auditor shall decline serving in the office, or shall die, or remove out of the county, or be removed from office, the court of quarter sessions of the county shall appoint a suitable citizen to fill the vacancy until the next general election, when an auditor shall be elected for the unexpired term.

5. Every auditor elected or appointed as aforesaid, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation, before some person having authority to administer oaths. to support the constitution of the United States, and that of this state, and to perform the duties of his office with fidelity;

(m) For remainder of this section, see tit. "County Treasurers," 33.