Incorporation of Moosic
Incorporation of Moosic
Opinion of the Court
Opinion by
The first assignment of error is to the action of the court below in overruling the first exception presented by appellants. The exception alleged that the affidavit accompanying the petition, which set forth that all the signers of the petition were freeholders residing within the limits of the territory specified in the petition, was by the exceptants believed to be false. This raised a question of fact. The court overruled the exception, which was an adjudication of the fact contrary to the contention of appellants, and, being one of those things committed by the legislation to the discretion of the quarter sessions, we have no authority to review that finding.
The second specification of error complains that the boundaries of the proposed borough are not set forth as required by law, in that the courses and distances are not set forth at length in words. The special defects relied upon are that the lines
The third assignment of 'error is to the overruling of an exception to the form of publication of notice of the presentation of the petition. The appellants do not print the notice in their paper-book and we must assume that the action of the court below was correct.
The fourth, seventh, eighth and ninth specifications of error relate to the action of the court below in passing upon questions of fact and expediency, which have been by law committed to its discretion. In the absence of an abuse of that discretion, the determination of such questions by the court of quarter sessions is not reviewable. See Swoyerville Borough, ante, p. 118.
The fifth and sixth assignments of error refer to the action of the court below in overruling the fifth and sixth exceptions filed by the present appellants. Those exceptions set forth that the territory proposed to be incorporated contains four or five widely separated settlements, and a large amount of farm or wild land not appurtenant to any of said settlements. There were thus raised questions of fact which were to be determined upon evidence, and questions of expediency which were the subject of the discretion of the court below. Upon these exceptions it was the right of the parties, respectively, to produce evidence, and it was the duty of the court, upon consideration of the evidence, to determine, whether the territory was composed of several distinct villages having diverse interest, or was, in fact, one village with its properly appurtenant lands. The extent and character of the lands are not, per se, controlling
The tenth assignment of error alleged that the court disregarded the remonstances filed against the incorporation of the borough. We cannot find from the record that the court did not consider the remonstrances. That the court did not decide in favor of the remonstrants, does not establish that it did not give their representations all the weight which they merited.
The remonstrances set forth facts, which required the support of evidence, or made suggestions as to expediency, which were merely arguments. All the assignments of error are dismissed.
Decree affirmed and appeal dismissed at costs of the appellants.
Reference
- Full Case Name
- Incorporation of the Borough of Moosic
- Cited By
- 8 cases
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- Syllabus
- Appeals — Borough incorporation — Adjudication of fact by quarter sessions not reviewable. Whether the signers to a petition for borough incorporation, are or are not freeholders is a question of fact, and where the court below overruled an exception raising this question such action is an adjudication of the fact, and being one of those things committed by the legislation to the discretion of the quarter sessions, the appellate court has no authority to review its finding. Borough incorporation — Essential description of boundaries in terms. The purpose of the Act of April 1, 1831, P. L. 163, in requiring that the courses and distances of the boundaries of a proposed borough be set forth in words at length was that such limits be established with accuracy and that all persons might know whether they were within or without the lines. No boundary is easier to fix than one along the course of a well known and considerable stream, and the boundaries are set forth in a petition with substantial compliance with the statute when the distance along such a stream is given at length. Borough incorporation — Notice of petition — Defective assignment — Presumption as to action of court beloio. Where error is assigned to the overruling of an exception to the form of publication of notice of the presentation of a petition for borough incorporation and the appellants fail to print the notice in their paper-books the appellate court must assume that the action of the court below was correct. Review of discretion of quarter sessions — Matters of fact and expediency in borough incorporation proceedings. In the absence of abuse of discretion the determination by the quarter sessions as to questions of fact and expediency is not reviewable by the appellate court. Discretion of quarter sessions as to territory incorporated — Review. It is the duty of the quarter sessions to exercise a wise discretion in'passing upon questions as to whether the territory proposed to be incorporated is composed of several distinct villages or was in fact one village, and the extent and character of the lands are not, per se, controlling elements in the determination of the question, but the judgment arrived at is not reviewable by the appellate court unless an abuse of discretion be distinctly charged and clearly established. Presumption as to consideration of remonstrance. That the quarter sessions decided against a remonstrance does not establish that they did not give the representations made all the weight merited, especially when facts were set forth in the remonstrance which required the support of evidence or made suggestions as to expediency which were merely arguments.