Appeal, No. 266, April T., 1963, from order of Court of Common Pleas of Allegheny County, July T., 1963, No. 222, in re auditors' report for Franklin Township. Order modified and, as modified, affirmed; that part of order pertaining to costs opened for reargument, by order dated January 29, 1964.
David R. Levin, for appellant.
William W. Milnes, with him Brandt, Riester, Brandt and Malone, for appellees.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 202 Pa. Super. Page 417]
This appeal involves a problem arising out of the creation of a borough. It comes before us on appeal from an order of the Court of Common Pleas of Allegheny County setting aside a surcharge imposed by the auditors.
Upon petition to the Court of Quarter Sessions of Allegheny County, a decree creating the borough of Franklin Park out of all of the second class township of Franklin was signed August 10, 1961, and recorded on August 21, 1961.
The Borough Code provides that when such petition and decree have been recorded, the area "shall become an incorporated borough, and shall be entitled to the several rights, privileges, and immunities conferred by this act, subject, however, to the provisions of section two hundred eleven of this act." Act of May 4, 1927, P.L. 519, § 205, as reenacted and amended by the Act of July 10, 1947, P.L. 1621, § 1, 53 P.S. § 45205.
Section 211 of The Borough Code, supra, referred to in § 205, supra, provides: "The said [area] shall continue
[ 202 Pa. Super. Page 418]
to be governed as before said incorporation until the first Monday of January following the municipal election next succeeding, occurring at least ninety days after the issuance of the final decree establishing such new borough, at which time the officers of said borough chosen, in accordance with section eight hundred five of this act, at such municipal election shall enter upon their respective terms of office, and the borough government shall be duly organized under this act." 53 P.S. § 45211.
As the municipal election of 1961 was within 90 days of the issuance of the final decree establishing the borough, the election of the borough officers could not be held before November, 1963, and the borough officers elected at that time will not ...