5 Pa. Super. 36 | Pa. Super. Ct. | 1897
Opinion- by
The court of quarter sessions has no authority to decree the incorporation of a borough unless “ it shall find that the conditions prescribed by law have been complied with and shall be
The only notice we need consider is that published after the petition was filed. This simply stated that on July 20,, 1895, a petition had been presented to the court of quarter sessions for the incorporation of certain described territory into a borough; but gave no information as to the time when the application would come on to be heard. Assuming that it was sufficient to put a person interested upon inquiry, he would have found, upon going to the record, that the petition was drawn under the act of 1834, and prayed for a reference of the matter to the grand jury, and for a decree of incorporation provided that body should certify to the court that the provisions of the acts of assembly in such case made ánd provided had been complied with, and that it was expedient to grant the prayer of the petitioners. He would have found, also, that an order had been made referring the matter to the grand jury at the next (September) term
The decree is affirmed and the appeal dismissed at the costs of the appellants.