Reference

Full Case Name

Bell v. Waynesboro Borough

Cited By

14 cases

Status

Published

Syllabus

Boroughs—Municipal indebtedness—Vote of electors—Two per cent limit —Ratification. A vote of the electors of a borough authorizing the council to create an indebtedness for the express purpose of liquidating a floating debt which had been contracted in excess of the two per cent limit without a vote of the electors, is such a recognition and ratification of the debt, as makes it enforceable against the borough. The power of a borough council to create debt without a vote of the electors authorizing it, is exhausted when the aggregate indebtedness reaches the two per cent limit. Boroughs—Municipal indebtedness—Levying of tax—Certificate—■Notice. A borough will not be permitted to deny its liability upon bonds on the ground that no tax had been actually levied or assessed for their payment, as required by article 9, section 10 of the constitution, where the record shows that the statement filed by the borough authorities in the office of the clerk of the quarter sessions, as required by law, in advance of the issue, declared unqualifiedly that such a tax had been levied. The holders of the bonds are held to knowledge of what the statement contains, but beyond that they are not bound to inquire.