Borough of Frackville
Borough of Frackville
Opinion of the Court
delivered the opinion of the court,
The Act of February 17th 1859, entitled “An Act to secure a stricter accountability of certain public officers in Schuylkill county,” is so clearly expressed that it forbids interpretation in its
This statute, as a whole, reveals careful preparation and correct .use of names in its several sections with reference to the subject of each. Nowhere does it appear from the context that the word “township” is intended to mean or include a borough; and, by naming the latter in proper places, the inference is excluded that sections applying expressly to townships and school districts embrace boroughs. ’ The intendment of sections two and three is plain — there is no ambiguity. It was not absurd in the legislature to leave the accounts of borough officers to be audited and settled, with right of appeal to interested parties, under the general laws of the Commonwealth. “ When an act is expressed in clear and precise terms; when the sense is manifest and leads to nothing absurd, there can be no reason not to adopt the sense which it naturally presents:” Potter’s Dwar. on Stat. 143.
It was contended for the petitioners that they are within the statute, because the duties of auditors in a borough are the same as in a township,, and that the word “ township” is a general term, including all municipal divisions of the county. To support this cases were cited, which arose under the road, tax and schobl laws. But those cases are not analogous to the present, nor is the position tenable; for, as we have seen, the numerous provisions of this statute are severally expressly applied to the municipality, or municipalities, by proper name, whether county, township, borough or school district, and not one is used as a general name including
Decree reversed.
Reference
- Full Case Name
- Borough of Frackville. In re re-audit of accounts of Auditors
- Status
- Published