53 Pa. Stat. § 151

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 151 - Quarter sessions may divide and create wards; commissioners; election; new application

Wards in cities may be divided, or new wards therein created, by the court of quarter sessions of the proper county, on application thereto for that purpose by the petition of at least one hundred qualified electors thereof, or of the councils of such city; and upon such petition praying for a division of a ward, or for the erection of a new ward out of parts of two or more wards, the said court shall appoint five impartial men to inquire into the propriety of granting the prayer of councils; and it shall be the duty of the commissioners so appointed, or any four of them, to examine the premises, to make a draft of the ward to be divided, showing the division thereof, or of the new ward proposed to be created, as the case may be; and they shall make report thereof to the said court of quarter sessions at its next term, together with their opinion of the same; and at the term after that at which the report shall be made, the court shall take such order thereupon as to them shall appear just and reasonable. If the commissioners report favorably to such division or creation, the court shall order a vote of the qualified electors to be taken on the question of a division thereof, and shall appoint an election to be held on the day of the municipal or general election, when the election officers of the ward or wards proposed to be divided shall hold such election at the places and in the manner provided by law for the regulation of municipal elections. It shall be the duty of the mayor of such city to give at least fifteen days' notice by advertisements in at least three newspapers, if so many be printed in said city, and by handbills posted in the most public places in said ward or wards, that such an election will be held, and of the time and place of holding the same. The judges and inspectors of election of said ward or wards shall receive from the electors thereof written or printed tickets having on the outside the word "division," and on the inside the words "against division," or "for division," and deposit the same in a box to be provided for that purpose. The officers of such election shall count the said tickets in the manner prescribed by law, and shall forthwith make out a return showing the number of votes for and against a division, and shall deliver the same to the clerk of the court of quarter sessions of the proper county within three days; and the said clerk shall record the same and lay the return before the court at its then next session. If it appear that a majority of the votes so taken are for a division, the said court shall thereupon order and decree a division of the said ward or wards, agreeably to the lines marked out and returned by the commissioners, and shall number the new wards, and shall cause a certified copy of the whole proceedings to be placed of record among the minutes of councils. If a majority of votes have been against a division, no further action shall be had upon such proceedings, nor shall any new application for a division of said ward or wards be heard for three years from the date of such election.

53 P.S. § 151

1874, May 23, P.L. 230, § 2.