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held by one person, except the offices of secretary and treasurer shall not be held by the same person. Neither the burgess nor any member of the borough council shall be eligible to hold the office of borough

manager.

(Amendment of June 23, 1917, P. L. 641.)

Sec. 1, Act of April 3, 1903, P. L. 138, amending Sec. 20, Act of June 18, 1895, P. L. 203, provides that a member of council is ineligible as a member of the board of health. See infra Sec. 933. See also Appendix, Chapter XX, Sections 994, 995.

CHAPTER VIII.

ELECTIONS-VACANCIES IN OFFICE.

ARTICLE I.

NUMBER, TERM AND TIME OF ELECTION OF OFFICERS.

(618). Section 1. Electors of the borough only shall be eligible to elective borough offices.

Drafted from Sec. 18, Act of April 3, 1851, P. L. 320. This present section has been restricted to elective offices, so as to permit the election of a solicitor or engineer who may not reside in the borough.

(619). Section 2. Elections for borough officers shall be at the time and place designated by law for the holding of municipal elections.

This is a newly drafted section, and is simply declaratory of the then existing law as to the time of electing borough officers.

Sec. 3, Art VIII of the Constitution fixes the municipal election day on the Tuesday next following the first Monday of November in each odd numbered year.

(620) Section 3. Certificates of election of all borough officers shall be filed among the records of the borough.

Drafted from Sec. 20, Act of April 3, 1851, P. L. 320.

(621). Section 4. Persons elected to borough offices shall serve until their successors are elected and qualified.

Drafted from Sec. 19, Act of April 3, 1851, P. L. 320. Councilmen elected by the electors are to "serve until their successors are elected and qualified." Petition of James McGinley, 12 Sch. L. R. 214.

(622). Section 5. It shall be lawful for the electors of the borough to elect:

1. In boroughs not divided into wards, seven councilmen, a burgess, high constable, and three auditors or a controller.

This clause is drafted from Sec. 1, Act of May 22, 1895, P. L. 109, as to "seven councilmen"; from Sec. 5, Act of April 1, 1834, P. L. 163, as to a burgess"; from Sec. 17, Act of April 3, 1851, P. L. 320, and Sec. 1, Act of June 26, 1895, P. L. 375, as to "high constable"; from Sec. 17, Act of April 3, 1851, P. L. 320. (See New Salem Boro, 1 D. R. 794) as to "three auditors"; and from Sec. 1, Act of June 12, 1913, P. L. 499, as to "a controller."

Sec. VII, Art. III of the Constitution prohibits the General Assembly from passing any local or special law creating offices or prescribing the powers and duties of officers in boroughs.

(623). 2. In boroughs divided into wards, at least one and not more than three councilmen in each ward, to be residents of the ward from which they are elected and chosen by the electors of the ward; also a burgess, a high constable and three auditors or a controller, who shall be chosen by the electors of the borough at large.

This clause is drafted from Sec. 1, Act of May 10, 1878, P. L. 51, as to "at least one and not more than three councilmen in each ward"; from Sec. 5, Act of April 1, 1834, P. L. 163, and Sec. 1, Act of May 10, 1878, P. L. 51, as to "a burgess"; from Sec. 17, Act of April 3, 1851, P. L. 320, and Sec. 1, Act of June 26, 1895, P. L. 375, as to "a high constable"; from Sec. 17, Act of April 3, 1851, P. L. 320 (See New Salem Boro, 1 D. R. 794) and Sec. 1, Act of May 10, 1878, P. L. 51, as to "three auditors"; and from Sec. 1, Act of June 12, 1913, P. L. 499, as to "a controller."

(624). Section 6. At the municipal election to be held in the year one thousand nine hundred and fifteen, there shall be elected in each borough, a sufficient number of councilmen to equal onehalf of the entire number of which such council is legally composed, to serve for a term of four years from the first Monday of January next succeeding, and where such entire number is seven, nine or eleven, then sufficient to constitute three, four or five as the case may be. The aforesaid councilmen to be elected in the year one thousand nine hundred and fifteen, being successors to those elected in the years one thousand nine hundred and eleven, and one thouasnd nine hundred and thirteen, whose terms as heretofore provided by law expire on the first Monday of January, one thousand nine hundred and sixteen. All councilmen whose terms expire on the first Monday of January, one thousand nine hundred and eighteen, shall continue to hold their office until the first Monday of January, one thousand nine hundred and eighteen, as now provided, and their successors shall be elected at the municipal election in the year one thousand nine hundred and seventeen, to serve for a term of four years from the first Monday of January next succeeding. Biennially thereafter, at the municipal election, a sufficient number of councilmen shall be elected for a term of four years,

from the first Monday of January next succeeding to fill the places of those whose terms under the provisions of this act, shall expire on the first Monday of January next following such election.

Drafted from Sec. 1, Act of May 20, 1913, P. L. 268, so drafted as not to disturb the terms of any councilmen then in office nor change the election of their successors. See also Appendix, Chapter 18, Section 991.

A councilman appointed health officer may elect which office he desires to retain. Wm. H. Jones vs. Boro of Old Forge, 9 M. L. R. 172. One who is a stockholder in a corporation holding a contract with a borough at the time of his election as councilman thereof, who bona fide parts with his stock before taking his seat as a member of council does not forfeit his right to the office. Com. ex. rel. Gast vs. Kelly, 255 Pa. 475.

The terms of office of councilman as fixed by this act, apart from the individuals holding, determines the number and time of the election of councilmen. Lewis vs. Moore et al., 18 Luz. L. R. Rep. 137, s. c. 7 M. L. R. 89.

(625). Section 7. Whenever the court of quarter sessions shall divide any borough into wards, erect two or more wards or parts of two or more wards into one ward, or divide a ward already erected into two or more wards, as provided in chapter three, article three, of this act, and when the report in such case is confirmed by the court, it shall at the same time decree the election of an equal number of councilmen in each of the wards, in such manner as not to interfere with the terms of those theretofore elected. In decreeing such election, when the entire number of council shall be composed of an even number, the decree shall be so made that one-half of the entire number shall thereafter be elected at each municipal election. When the entire number of council shall be an odd number, the court shall divide such council into two classes, and shall make its decrees so that one-half of the entire number of councilmen, less one, shall, as soon as possible, take their office in a year divisible by four and the remaining number of councilmen shall take their office in an even numbered year not divisible by four. The apportionment shall be so made by the court that there shall be equal, or as nearly equal as possible, representation by wards in each class. Biennially thereafter, at each municipal election, a sufficient number of councilmen shall be elected for the term of four years, from the first Monday of January next succeeding, to fill the places of those whose terms shall expire on the first Monday of January next following such election.

This section was drafted from Sec. 1, of the Act of May 13, 1889, P. L. 193, amending Sec. 4, of the Act of May 14, 1874, P. L. 159; Sec. 1, Act of March 24, 1877, P. L. 47, and Sec. 1, Act of May 20, 1913, P. L. 268, amending Sec. 4, of the Act of June 19, 1911, P. L. 1047. The Legislature in passing the Act of 1911, and its amendment of 1913, while making provision for the election of borough councilmen in

those boroughs existing at the time of the passage of these acts failed to make provisions for boroughs which would be divided into wards or where the number of wards changed sometime in the future. This section was drafted to provide for the election of councilmen whenever any borough is divided into wards and its provisions have been so stated that when any such division shall be made, the election of councilmen in such boroughs will coincide, with respect to the time and number, with those elected in boroughs theretofore divided.

(626. Section 8. Whenever two or more boroughs are consolidated as provided in chapter two, article two, of this act, the members of the council of each of such boroughs shall be members of the council of the new borough from the wards in which they respectively reside, and shall hold their office until the expiration of their terms.

In consolidated boroughs divided into wards, the number of councilmen in each ward shall be three.

At the first municipal election next succeeding such consolidation, the qualified electors of such borough shall elect a sufficient number of councilmen to equal one-half of the entire number of which such council is legally composed, to serve for a term of four years. from the first Monday of January next succeeding their election; and where such entire number is seven, nine or eleven, and where the year in which such officers shall take office is divisible by four, then sufficient to constitute three, four or five as the case may be; and where such year is an even numbered year not divisible by four, then sufficient to constitute four, five or six. At the second municipal election succeeding such consolidation the remaining number of councilmen to which such consolidated borough is entitled shall be elected to serve for a term of four years from the first Monday of January next succeeding. In consolidated boroughs divided into wards the council shall by lot, prior to the first municipal election succeeding such consolidation, apportion the councilmen to be elected as above provided so that there shall be equal, or as nearly equal as possible, representation by wards. Biennially thereafter, at each municipal election, a sufficient number of councilmen shall be elected to serve for a term of four years, from the first Monday of January next succeeding, to fill the places of those whose term shall expire on the first Monday of January next following such election.

This section is drafted from Sec. 5, of the Act of June 6, 1893, P. L. 335; and Sec. 1, of the Act of May 20, 1913, P. L. 268, amending Sec. 4, of the Act of June 19, 1911, P. L. 1047, and provides for the election of councilmen whenever boroughs are consolidated under Chapter 2, of this code. The section was so drawn as to coincide, with respect to the time and number of councilmen to be elected in such boroughs, with Section 6 of this article.

(627). Section 9. The purpose of the three sections immediately preceding is that, as nearly as possible, one-half of the councilmen

of every borough shall be elected at each municipal election to serve for a term of four years from the first Monday of January next succeeding.

Drafted from part of Sec. 1, Act of May 20, 1913, P. L. 268, amending Sec. 4, of the Act of June 19, 1911, P. L. 1047. While the provisions of the three preceding sections are complete in themselves, yet in view of the fact that the provisions incorporated in this section appear in the Act of 1913, and in order to preclude the possibility of doubt as to the purpose of such sections, this provision was incorporated in the code. (628). Section 10. Whenever, upon the division of any borough into wards or the creation of a new ward or wards, the number of councilmen cannot be equally divided among the wards of the boroughs, it shall be lawful for the court in decreeing such division or creation, to increase the number of council to, and not exceeding such number, as will enable the court to make an equal apportionment of the same among the several wards of such borough.

Drafted from Sec. 1, Act of Feb. 17, 1876, P. L. 6.

(629). Section 11. The court of quarter sessions having fixed the number of councilmen, as provided in section seven of this article, may, upon petition of citizens of the borough, increase the same, to any number not exceeding three for each ward.

Drafted from part of Sec. 1, Act of May 13, 1889, P. L. 193, amending Sec. 4, of the Act of May 14, 1874, P. L. 159, and part of Sec. 1, Act of April 13, 1903, P. L. 171, this last act, however, being simply declaratory of the law as it existed at that time.

(630). Section 12. Whenever the electors of any borough divided into wards are authorized by this act or by a decree of court to elect three members of council from each ward, the court of quarter sessions may, upon the petition of twenty citizens of such borough and after notice to the council, decrease the number of the council to be elected in each of such wards to two.

At each municipal election thereafter the electors of each ward shall elect one councilman to hold office for a term of four years from the first Monday of January next succeeding his election.

Drafted from Sec. 1, Act of July 9, 1897, P. L. 216. The term of the councilman was changed from two to four years.

(631). Section 13. Whenever the court of quarter sessions shall divide any borough into wards, it shall appoint for each ward such judges and inspectors of election to hold the first election after such division as are by law required.

Drafted from Sec. 5, Act of May 10, 1878, P. L. 51.

(632). Section 14. Electors of every borough, shall, at the municipal election in the year one thousand nine hundred and seventeen, and every four years thereafter, elect one person as burgess, who

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