CHAPTER XXVII. EXECUTIONS AGAINST BOROUGHS. The Act of April 2, 1860, P. L. 589, §26, 1 Purd. Dig. (13th Ed.) 534, §331, relating to the enforcement of judgments against boroughs, provides as follows: Section 26. In all cases where judgments have been or shall be obtained against a borough within this commonwealth, like proceedings to enforce payment thereof out of the borough fund, may be had, as are provided by law for enforcing payment of judgments against townships; and the writ of execution to be issued in such cases shall be served upon the burgess, or treasurer, or secretary of the town council of the proper borough. (d) (d) Under §1 of the Act of April 2, 1860, P. L. 589, 1 Purd. Dig. (13th Ed.) 534 §331, a judgment is to be collected by execution, and a mandamus in the first instance will be refused. Allen v. DuBois Borough, 181 Pa. 184, affirming 5 Dist. 585. An attachment will not be granted where, on the return of a mandamus execution, it appears that all the money in the treasury is required to pay the necessary running expenses of the borough. Earley v. Pleasant Valley Borough, 2 Kulp 417, 12 Luz. L. R. 249. CONSTITUTIONAL PROVISIONS RELATING TO BOROUGHS. 1. Prohibitions against passing special or local laws. 2. Suffrage and elections. 3. Compensation for injuries to private property. 4. Matters relating to municipal elections. 5. Matters relating to municipal debts and indebtedness. 6. Matters relating to election of justices and aldermen. 7. Schedule to the amendments of 1909. 1. Art. 3, §7 of the state constitution of 1874, I Purd. Dig. (13th Ed.) 152, §52, which prohibits the passing of local or speRegulating the affairs of counties, cities, townships, wards, borcial laws, bars the: oughs or school districts: (a) Erecting new townships or boroughs, changing township lines, borough limits or school districts: (b) Creating offices, or prescribing the powers and duties of officers in counties, cities, boroughs, townships, election or school districts: (c) 2. Art. 8, §1 of the state constitution of 1874, I Purd. Dig. (13th Ed.) 186, §136, relating to suffrage and elections, provides as follows: Every male citizen of twenty-one years of age, possessing the following qualifications, shall be entitled to vote at all elections, subject however to such laws requiring and regulating the registration of electors as the general assembly may enact: (d) (a) As to local or special laws affecting boroughs see Vale's Dig. Vol. XI, cols. 1475-1478; Vol. XIII, cols. 1159, 1160. The Act of May 28, 1907, P. L. 287, 6 Purd. Dig. (13th Ed.) 6745, §§134, 135, authorizing municipalities or townships to make assessments for municipal improvement outside of their corporate limits under certain conditions, does not contravene art. 3, §7 of the state constitution prohibiting the passing of local or special laws. Ben Avon Borough v. Crawford, 64 Pa. Super. Ct. 163, affirming 64 P. L. J. 85, 7 Munici. L. Rep. 170. For a full construction of these provisions see notes (p)-(v) 1 Purd. Dig. (13th Ed.) 152, §52. (b) For a full construction of these provisions see notes (c) and (d) I Purd. Dig. (13th Ed.) 152, §52. (c) For a full construction of these provisions see note (e) 1 Purd. Dig. (13th Ed.) 152, §52. (d) For a full construction of these provisions see notes (s) and (t) I Purd. Dig. (13th Ed.) 186, §136. |