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have in due form of law enacted an ordinance assessing and levying an annual tax, the collection of which shall commence the first year after the increase of indebtedness so made, which tax shall be equal to and sufficient for and applied exclusively to the payment of such debt within a period not exceeding thirty years from the date of such increase

4. That plaintiffs have been guilty of laches and are not entitled to equitable relief.

V.

REQUESTS AND ANSWERS.

1. Findings of Fact. (a) By Plaintiff.

1. That the plaintiffs above named are residents, electors and tax payers of the Borough of Coopersburg, in the County of Lehigh and State of Pennsylvania.

Answer: Affirmed. I have found this substantially in my finding No. 1.

2. The Borough of Coopersburg is a borough having a corporate existence as such, located in the County of Lehigh aforesaid; and the defendants, in addition to said borough, are the Chief Burgess and members of Town Council thereof.

Answer: Affirmed. See my finding No. 2.

3. On the first day of September, 1919, the defendant borough through its corporate authorities ordained and enacted an ordinance, which said ordinance and title thereof are 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 11. 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 councils 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:

CHARLES J. STAHLER,
Borough Secretary.

E. A. MOREY,

President of Borough Council.

Answer: Affirmed. See my finding No. 3.

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 by 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.

Answer: Affirmed. See my finding No. 4.

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:

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 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
No had nineteen

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 Clerks' 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, and which said return is the only return made of such election in said Court.

Answer: Affirmed. See my finding No. 6.

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.

Answer: Affirmed. See my finding No. 6.

7. No certified copy of the ordinance enacted September 1, 1919, by which the defendants claimed to be authorized to hold such election, was included in such return of the election so held, and no such copy was returned to the Clerk of said Court therewith.

Answer: Qualified. Affirmed to the extent that my own finding No. 7 covers the same facts; otherwise denied.

8. No certified copy of the advertisement of said election so held on the fourth day of November, 1919, showing that notice of such election was given, as required by law, was included in such return made by the officers of such election so held, and no such copy was returned to the Clerk of said Court therewith.

Answer: Same as to No. 7 above.

9. There is no record in and among the records of said Court of Quarter Sessions of the return of such election so held together with a certified copy of the said ordinance and the said advertisement: and there is no record of such ordinance and advertisement among the records of said Court.

Answer: Affirmed with the qualification that there is now a record by reason of leave granted nunc pro tune by the Court of Quarter Sessions.

10. The said Clerk of Quarter Sessions of said County, did not furnish to the corporate authorities of said Borough of Coopersburg, a certified copy of such return under the seal of said court showing the result of such election, and no record of any certified copy of such re

turn is placed upon the minutes of the corporate authorities of said borough.

Answer: Affirmed. See my finding No. 10.

11. There is no record of such election so held upon the minutes of the corporate authorities of said borough.

Answer: Affirmed. See my finding No. 11.'

12. There was no ordinance passed at any time by the corporate authorities of the said borough providing for the levy of a tax for the redemption of any bonds to be issued and for the payment of the interest that might accrue thereon, neither does the ordinance No. 78 contain any provision for the levy of an annual tax sufficient to pay the principal and interest of such bonds within the period as required by law.

Answer: Affirmed. See my finding No. 12.

13. The corporate authorities of said borough, on or about the fourth day of October, 1920, purchased some fire apparatus and on or about September 6, 1920, purchased a certain building and lot of land, known as the "Shank Property," to be used for the erection of a municipal building thereon, and in order to pay for such fire apparatus and building and lot of land, did issue certificates of indebtedness therefor, in the sums of two thousand two hundred fifty dollars ($2250.00) and two thousand one hundred dollars ($2100.00), respectively, which were to be redeemed and paid by bonds subsequently to be issued.'

Answer: Affirmed. See my finding No. 13.

14. That one of such certificates of indebtedness so issued is as follows:

$2250-00.

Coopersburg, Pa., Oct. 4, 1920. The Borough of Coopersburg, a Municipal Corporation in the County of Lehigh and State of Pennsylvania, acknowledges to owe and promises to pay on demand after the date hereof, to the First National Bank of Coopersburg, Pa., the sum of two thousand two hundred and fifty and no-100 dollars without defalcation, for value received, with interest at six per cent. per annum.

This loan is made and the certificate issued, and provide temporarily the above amount for the purpose of buying a fire engine for the borough.

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