8. Avers lack of knowledge of allegation of eighth paragraph of bill and requires proof. 9. Denies allegations of ninth paragraph of bill. 10. Avers right of borough to issue bonds for the purposes for which bonds were authorized to be issued. 11. Denies allegations of eleventh paragraph of bill. 12. Denies allegations of twelfth paragraph of bill and avers that property proposed to be purchased is most suitable and best adapted that can be obtained. 13. Denies allegations in thirteenth paragraph of bill and requires proof. C. Replication. The replication is in the usual form whereby plaintiff joins issue on the matters alleged in the answer. The replication is in writing and not printed, as required by the Equity Rules, but the case was heard by Judge Henninger with the pleadings in that shape and I have not thought it expedient to raise any question concerning the failure to print the replication. II. FINDINGS OF FACT. Both sides have presented requests for findings of fact. These requests I have answered and the requests and answers are made a part hereof. I have also made my own findings of fact and they are as follows: 1. The plaintiffs are residents, electors and taxpayers of the Borough of Coopersburg, in the County of Lehigh and State of Pennsylvania. 2. The Borough of Coopersburg is a borough located in the County of Lehigh and the defendants are the Borough, the Chief Burgess and members of Town Council. 3. On September 1, 1919, the defendant borough ordained and enacted an ordinance, which is as follows: ORDINANCE NO. 78. Signifying the desire of the corporate authorities of the Borough of Coopersburg to make an increase of the borough indebtedness in the sum of Nineteen Thousand Five Hundred Dollars ($19,500), for the purpose of erecting a municipal building for the use of a fire hall, fire apparatus and other borough purposes: Be it ordained and enacted by the Borough of Coopersburg by and through its Borough Council assembled and it is hereby ordained and enacted by the authority of the same: Section 1. That the desire of the corporate authorities of the Borough of Coopersburg to increase its debt in the amount of nineteen thousand five hundred dollars ($19,500.00) is hereby signified. Section II. That said increase of debt is to be used for the purpose of procuring a fire apparatus and erecting and providing a municipal building for the said Borough of Coopersburg to be used as a fire apparatus building and other borough purposes. Section III. That bonds of the Borough of Coopersburg, free of taxes shall be issued in the sum of twentysix thousand dollars ($26,000.00) signed by the Burgess and the Borough Treasurer in the manner following, to wit: Twenty bonds of the denomination of $500.00 each payable within thirty years and one hundred and sixty bonds of the denomination of $100.00 each, payable within thirty years, both the denominations of said bonds to be redeemable at the option of the borough at any time after the expiration of five years from the date of said bonds; and said bonds shall bear interest at the rate of 44 per cent. per annum, and shall be issued upon such additional stipulations and conditions as the Council of said Borough shall hereafter designate. Section IV. That out of said issue of bonds, the sum of six thousand five hundred dollars ($6,500.00) shall be used and provided only for the redemption and payment of the present bonded indebtedness of the said borough, thus making the increase of the debt of the Borough Nineteen Thousand Five Hundred Dollars ($19,500.00). Section V. The Burgess of said borough is hereby directed to give at least thirty days notice by weekly advertisement in the Allentown Morning Call and in the Allentown Evening Item, both newspapers of general circulation, published in the City of Allentown, Pennsylvania, of an election to be held at the place of holding the municipal election on the Tuesday following the first Monday of November, 1919, to wit: November 4th, 1919, the day of the regular municipal election for the purpose of obtaining the assent of the electors of the Borough of Coopersburg to such increase of indebtedness; said notice to contain the statements required by law and said election to be held in the manner provided by law. Enacted into an ordinance at Coopersburg, Pennsylvania, September 1, 1919. Attest: E. A. MOREY, President of Borough Council. CHARLES J. STAHLER, Borough Secretary. 4. That in pursuance of said ordinance, an election was held on November 4, 1919, being the day for the holding of the regular municipal election, at which said election a vote was taken of the electors of said Borough on such proposed increase of debt in the sum of Nineteen Thousand Five Hundred Dollars ($19,500.00), and the majority of the electors by their vote signified their assent to such increase, the vote being as follows: For the increase 177 votes and against the increase 19 votes. 5. That the officers of such election so held, did return to the Clerk of the Court of Quarter Sessions of the said County of Lehigh, on triplicate return sheets, the following return, which return is the only return made by them, to wit: RETURN SHEET. We, the undersigned (elected and sworn according to law), Inspectors and Judge of Election for the Election held on Tuesday the Fourth Day of November, A. D., 1919, at Barron House, in the Election District of Coop ersburg, Borough of Coopersburg, Lehigh County, Pennsylvania, Do Certify, that upon closing the polls and counting the votes on the following question it appears that Question-Shall the bonded indebtedness of the Borough of Coopersburg, Pa., be increased in the amount of $19,500.00, to wit: from $6,500.00 to $26,000.00 to be used for the erection of a municipal building for the use of a fire hall, fire apparatus, and other borough purposes? Number of votes in writing. Yes had One Hundred and Seventy-seven Figures. (177) votes (19) votes In testimony whereof, We, the Inspectors and Judge of Election aforesaid, have hereunto set our hands and seals the Fourth Day of November, A. D., 1919. Attest: J. D. KNERR, H. R. YOUNG. We certify that the above clerk's return is correct. ORVIN C. MEAS, E. A. MOREY, Overseers. ELMER C. REINHARD, (Seal) H. M. GEISINGER, (Seal) Inspectors. ROBERT C. WEISEL, (Seal) Judge. Note: This Return Sheet is to be signed by all the officers and given, unsealed, to the judge of election, and by him delivered (at the time the return is delivered) to the proper officer at the Court House, who shall mark hereon the day and the hour of filing, and preserve it for public inspection. 6. The said return as made by the officers of said election, was filed in said Court of Quarter Sessions by the clerk thereof, and a record of such return was made and appears in and among the records of said court in docket 5, page 305. 7. To the said return, there was not attached, when offered in evidence at the original hearing of this case, a certified copy of the ordinance of September 1, 1919, nor was there attached thereto a certified copy of an advertisement giving notice to the electors of the election and there was not, at the time of said hearing, a record of such ordinance and advertisement in the Court of Quarter Sessions of Lehigh County. 8. That subsequently, to wit, on March 6, 1922, the Court of Quarter Sessions granted leave to the Borough to file certified copies of said ordinance and advertisement and that on March 9, 1922, in pursuance of such leave, copies thereof were duly filed in said court. 9. That at a further hearing of this case on April 17, 1922, there was offered and received in evidence the record of the Court of Quarter Sessions showing the facts already found in paragraph eight hereof and also the certified copy of the ordinance corresponding to that set out in paragraph three hereof as well as of the advertisement which advertisement and proof of publication thereof is as follows: NOTICE OF SPECIAL ELECTION FOR INCREASE OF INDEBTEDNESS OF THE BOROUGH OF COOPERSBURG. An ordinance signifying the desire of corporate authorities of the Borough of Coopersburg to make an increase of the borough indebtedness in the sum of nineteen thousand five hundred ($19,500) dollars, for the purpose of erecting a municipal building for the use of a fire hall, fire apparatus and other borough purposes. Be it ordained and enacted by the Borough of Coopersburg by and through its Borough Council assembled, and it is hereby ordained and enacted by the authority of the same: Section 1.-That the desire of the corporate authorities of the Borough of Coopersburg to increase its debt in the amount of nineteen thousand five hundred ($19,500) dollars is hereby signified. Section 2.-That said increase of debt is to be used for the purpose of procuring fire apparatus and erecting and providing a municipal building for said Borough of Coopersburg, to be used as a fire apparatus building and other purposes. Section 3.-That bonds of the Borough of Coopersburg free of taxes shall be issued in the sum of Twentysix Thousand Dollars ($26,000), signed by the Burgess and the Borough Treasurer in manner following to wit: Twenty (20) bonds of the denomination of Five Hundred Dollars ($500) each, payable within thirty years, and one hundred and sixty (160) bonds of the denomination of One Hundred Dollars ($100) each, payable within thirty years, both denominations of said bonds to be redeemable at the option of the borough at any time after the expiration of five years from the date of said bonds, and said bonds shall bear interest at the rate of 44 per cent per annum and shall be issued upon such additional stipulations and conditions as the council of said borough shall hereafter designate. Section 4.-That out of said issue of said bonds the sum of Six Thousand Five Hundred Dollars ($6,500.00) shall be used and provided only for the redemption and payment of the present bonded indebtedness of the said borough, thus making the increase of the debt of the |