CHAPTER II. CREATION-CHARTERS. ARTICLE V. AMENDMENT AND ANNULMENT OF CHARTERS. (On this same subject see also the Act of July 22, 1913, P. L. 910, contained in the Appendix under the Chapter of "Annulment of Charters" infra Sections 719a, 719b, 719c, 719d.) (38). Section 1. The court of quarter sessions may, with the concurrence of the grand jury, and upon application in writing of two-thirds of the taxable inhabitants of any borough, annul or alter the charter of such borough. This section was drafted from Sec. 4, Act of April 1, 1834, P. L. 163. (39). Section 2. The application shall be signed by the petitioners within three months immediately preceding its presentation to the court. Public notice of the intended application for such annulment or amendment shall be given in at least one newspaper of the county, for a period of not less than thirty days, immediately before the application shall be presented. This section was drafted from part of Sec. 1, Act of June 2, 1871, P. L. 283. Proceedings to change the name of a borough will be quashed where the record fails to show when the petition for the change was signed, and when the publication of the notice was after the presentation of the petition and not before. Turtle Creek Borough, 65 Sup. Ct. 48, affirming 63 P. L. J. 785. (40). Section 3. The application shall be laid before the grand jury at the same term of court when presented, if the same can be conveniently done, and in no case later than the next subsequent term of the court. If the grand jury shall find that the conditions prescribed by this article have been complied with, and shall believe it expedient to grant the prayer of the petitioners, they shall certify the same to the court, which certificate shall be entered of record. No further proceedings shall be had until the succeeding term of the court, at which term the judgment of the grand jury may be confirmed. If the decree of the court shall be in conformity with the prayer of the petitioners, the petition and decree shall be recorded in the recorder's office of the county, at the expense of the applicants, who shall pay all other expenses and costs in connection with said application. This section was drafted from parts of Sec. 3, Act of April 1, 1834, P. L. 163, and Sec. 1, Act of June 2, 1871, P. L. 283. The provision covering "all other expenses and costs" is new. A peculiar condition with regard to the law on the subject of annulment and alteration of charters was found to exist. The provisions of Section 3 of the Act of 1834, relating to the procedure before the grand jury in the case of the incorporation of a borough, were extended by Section 4 of that same act to the case of the annulment or alteration of a borough charter. The Act of 1871, which also provided for a procedure by the grand jury in the case of the incorporation of boroughs, provided as follows: "The foregoing regulations shall also apply to any application to a court of competent jurisdiction under said acts (meaning thereby the Act of 1834 and the Act of 1851), or either of them, for a change of borough limits or to alter or annul a borough charter." The grand jury procedure in both of these acts was repealed by the Act of 1895, P. L. 389, but it is to be observed that this repeal was only so far as it related to the procedure in the case of the incorporation of a borough. This procedure so far as it relates to the annulment or alteration of a charter was, therefore, still in force. Proceedings to change the name of a borough will be quashed where (under the ruling of In re Summit Borough, 114 Pa. 362), the return of the grand jury did not show the necessary jurisdictional facts. Turtle Creek Borough, 65 Sup. Ct. 48, affirming 63 P. L. J. 785. CHAPTER III. CHANGE OF LIMITS-BOUNDARIES-WARDS ARTICLE I. CHANGE OF LIMITS. (See Appendix, Chapter III, infra Sections 720 and 721, validating certain annexations and extensions of borough limits.) (a) On Petition of Freeholders of Borough. (41). Section 1. The court of quarter sessions, with the concurrence of the grand jury, may, upon petition, change the limits of any borough heretofore incorporated by the court of quarter sessions from a town or village or incorporated under the provisions of chapter two, article one, of this act. This section was drafted from Secs. 1 and 3, Act of April 1, 1834, P. L. 163. This section is limited to boroughs incorporated under the provisions of Chapter II, Article I, of the Code, and boroughs incorporated by the courts of quarter sessions from towns or villages prior to the passage of this act, because the authority to change borough limits as provided in Section 3, of the Act of 1834, was restricted to boroughs incorporated under that act, and therefore, applies only in the case where a borough is incorporated from a town or village. Sec. 7, Art. III, of the Constitution prohibits the General Assembly from passing any local or special law changing borough limits. (42). Section 2. The provisions of the preceding section do not authorize a change of borough limits by the detachment of territory and its annexation to a contiguous township. This is a new section. It was inserted at this place in the Code in order to avoid confusion with the procedure adopted from the Act of May 28, 1907, P. L. 264, inserted under (d) of this article. The Act of 1907 repealed the Act of April 1, 1834, P. L. 163, so far as it related to the change of the limits of a borough by the detachment of territory and its annexation to a contiguous township. (43). Section 3. Notice of the intended application shall be given in at least one newspaper of the county, for a period of not less than thirty days, immediately before the presentation of the petition. This section was drafted from part of Sec. 1, Act of June 2, 1871, P. L. 283. (44). Section 4. The petition shall be signed by a majority of the freeholders residing in the borough, within three months immediately preceding its presentation to the court. It shall set forth a description, and be accompanied with a plot, showing the courses and distances of the boundaries of the borough before and after the proposed change of limits. This section was drafted from Sec. 2, Act of April 1, 1834, P. L. 163, and that part of Sec. 1, Act of June 2, 1871, P. L. 283, which relates to the signing of the petition. (45). Section 5. The petition, except as provided in section two of this article, shall be laid before the grand jury at the same term of court when presented, whenever the same can be conveniently done, and in no case later than the next subsequent term of court. This section was drafted from part of Sec. 1, Act of June 2, 1871, P. L. 283. (46). Section 6. If the grand jury shall believe it expedient to grant the prayer of the petitioners, they shall certify the same to the court. The certificates shall be entered of record, and no further proceedings had until the succeeding term of court, at which term the judgment of the grand jury may be confirmed. If the court shall deem further investigation necessary it may make such order as to right and justice shall appertain. If the court shall grant the prayer of the petitioners, the petition and decree shall be recorded in the recorder's office, at the expense of the petitioners, who shall pay all other expenses and costs in connection with said petition and decree. This section was drafted from Sec. 3, Act of April 1, 1834, P. L. 163. (47). Section 7. Whenever the court shall make a decree changing the limits of any borough, as provided by the foregoing sections of this article, by detaching therefrom any portion of the territory included therein, the court shall 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, as to the court may seem best. The section does not authorize the creation of a new borough unless the intention to do so has been set forth in the petition, or until after thirty days' notice in such manner as the court may direct. In the case of the erection of a new borough, the court shall order a special election, as provided in chapter two, article four, section six, of this act. This section was drafted from Sec. 4, Act of June 1, 1887, P. L. 285, as it relates to boroughs and omitting that portion which authorizes the court to detach part of the territory of the borough, and annex it to an adjacent township or townships, which subject is covered under (d) of this article. (48). Section 8. In case any officer of the borough, from which any territory is detached, resides in the portion so detached, he shall from the time of the decree cease to exercise the function of said office, and the office shall be vacant, and shall be filled by the court of quarter sessions from the electors of the borough who shall hold office for the unexpired term, and until their successors qualify. The remaining members of council shall constitute the council for the transaction of all business until the vacancies shall have been filled. This section was drafted from Sec. 5, Act of June 1, 1887, P. L. 285. (b) By Annexation on Petition of Freeholders Outside the Borough. (1). Where Territory is in One County. (49). Section 9. The court of quarter sessions, with the concurrence of the grand jury, may, upon petition, change the limits of any borough by the annexation of adjacent territory. This section was drafted from Sec. 1, Act of May 17, 1883, P. L. 36, amending Sec. 1, Act of June 11, 1879, P. L. 150. (50). Section 10. Personal notice of the intended application shall be given to the burgess and council of the borough, and to the commissioners or supervisors of the township in which the petitioners reside. Notice of such application shall also be given in one newspaper of the county, for a period of thirty days immediately before the presentation of the petition. This section was drafted from part of Sec. 2, Act of June 11, 1879, P. L. 150. "Commissioners" has been inserted so that notice may be given to townships of the first class. (51). Section 11. The petition shall be signed by a majority of the freeholders residing within the territory to be annexed. It shall set forth a description, and be accompanied with a plot, showing the courses and distances of the boundaries of the borough before and after the proposed annexation. This section was drafted from part of Sec. 2, Act of June 11, 1879, P. L. 150. (52). Section 12. The court shall cause the petition to be laid before the grand jury, and, if the grand jury shall believe it expedient to grant the prayer of the petitioners, they shall certify the same to the court, which certificate shall be entered of record for confirmation by the court. The court may make such order thereon as to right and justice shall appertain. If the court shall confirm the petition, the said petition and decree shall be recorded in the recorder's office of the county, at the expense of the petitioners, who shall pay all other expenses and costs in connection with said petition and decree. Thenceforth the territory so annexed shall be a part of the borough. This section was drafted from Sec. 3, Act of June 11, 1879, P. L. 150. (2). Where Territory is in Two or More Counties. (53). Section 13. The court of quarter sessions may, upon petition, annex to any adjacent borough territory situated in two or more counties. The petition shall be signed by a majority of the taxable inhabitants of such territory, and shall be presented to the courts of quarter sessions of all the counties in which the territory and the borough are situated. This section was drafted from part of Sec. 1, Act of June 8, 1874, P. L. 281. (54). Section 14. Notice of the intended application shall be given in one newspaper of general circulation in the territory and in the borough, for a period of thirty days immediately before the presentation of the petition to any of the courts. This section follows the requirements for notice set out in Sec. 1, Act of June 2, 1871, P. L. 283, in the matter of the incorporation of a borough or the changing of borough limits. The Act of 1874, P. L. 281, providing for the annexation of territory situated in two or more counties to an adjacent borough lacks these provisions. |