Proper proceedings.

36. It is held that proceedings for the detachment of lands theretofore annexed to a school district must be either under this act or the act of June 2, 1891, P. L. 172, and not by appointment of viewers under the act of April, 17, 1876, P. L. 38.17

Territory becomes part of new district.

37. Whenever territory adjacent and adjoining any city of the third class comprising one school district has been or shall hereafter be annexed to and made part of any such city of the third class, that the territory or district so annexed shall constitute and form a part of the school district of said city. 18

Merger of township. Rights and liabilities.

38. Whenever any township has been or may hereafter be entirely merged into more than one borough, and the township shall thereby have ceased to exist, and the school district of the township become merged into the school district of the boroughs erected out of said township, the rights and liabilities of said township shall devolve in just proportion upon the school districts of the said several boroughs, but the school district of no such borough shall be entitled or liable as aforesaid, except as to such rights and liabilities as existed at the end of the current school year in which it became a new district, and the proportion of each new district as aforesaid shall be ascertained in like manner as prescribed in the first section of this act; and in all actions pending by or against the school district of said township, the school district or districts of the borough or boroughs entitled or liable as aforesaid, shall, by rule of court, be substituted instead of the school district of said township, and in actions thereafter brought on matters in behalf of or against the school district of said township, the school district or districts of the borough or boroughs entitled or liable as aforesaid shall be the proper parties to prosecute or defend the same as the case may be. 19

17. Newry School District, 11 Pa. Superior Ct. 592, 1899.

Certification of new districts.

39. The clerks of the courts of quarter sessions of the several counties of this Commonwealth, shall forward to the superintendent of common schools a certified copy, under seal, of the decree of said court of their respective counties, creating any new school district, whether it be formed by the incorporation of a borough, the creation of a new township, or the formation of an independent district, said certificate to be forwarded within thirty days after the entry of such decree; the costs for such certificate shall be a legal charge against the new district thus formed. 20

Tax cannot be levied while proceedings are pending.

40. Whilst proceedings are pending in any court of this Commonwealth for the division of any township or school district, or for the erection of any borough, it shall not be lawful for the school directors of the township or district proposed to be divided, or out of which such borough is proposed to be erected, to levy, assess or collect any tax whatever for the purchase of ground or for school building purposes, except where the same shall be necessary to rebuild a school house accidentally injured or destroyed, or to pay a building debt previously incurred."

Duty of commissioners.

41. Whenever any new district shall be formed in any county of this Commonwealth, it shall be the duty of the commissioners thereof to certify to the superintendent of common schools, before the commencement of the next succeeding school year, the number of taxable inhabitants therein, and also the number in the district or districts from which it was taken, separately, according to the last preceding triennial enumeration of taxables made for school purposes, so that the whole number in such new district, and in that or those out of which it was taken, being added together, shall be neither greater nor less than the number that was therein before the change was made, and accord

20. Act April 17, 1865. See 1, P. L. 62.

ing to the last triennial certificate or return of taxables thereof made by said commissioners. 22

Borough school districts shall share in rights and liabilities of townships from which formed. How proportionate share of each shall be ascertained.

42. Every school district which has been or may hereafter be formed by the erection of a borough out of any township or parts of adjoining townships shall share in just proportion, in the rights and liabilities of the school district or districts of said township or townships existing at the time of the incorporation of such borough, the proportion of such new school district to be ascertained by reference to the assessment of said township or townships for the year in which such borough was incorporated, and in all pending actions by or against the school district or districts of said township or townships, and in all actions thereafter brought by or against the same, the new school district or districts liable or entitled as aforesaid shall, by rule of court, be made co-parties plaintiff or defendant as the case may be.23

Constitution.

43. This act does not conflict with Article III, Sec. 3, of the constitution. 24

Due compensation.

44. When a borough by its incorporation secures more than its due share of the public school property, it will have to make due compensation to the township and will also have to bear its due share of the public indebtedness.25 Court shall adjust and apportion indebtedness.

45. Whenever any school district has been or may hereafter be formed as aforesaid, or whenever any school district has been or may hereafter be entirely merged into more than one school district as aforesaid, any court of

22.

23.

24.

Act May 18, 1854, Sec. 49, P. L. 629.

Act June 24, 1895, Sec. 1, P. L. 259.

Parker Township Sch. Dist. vs. Bruin Borough Sch. Dist. 13 D. R. 769, 1903.

25. Smithfield Borough, 23 Pa. C. C. 583, 1900.

common pleas of the proper county, sitting in equity, shall have power, upon the application of any one or more creditors of the school district or districts, of said township or townships, or upon the application of the proper authorities of the school district or districts of any said township or townships, borough or boroughs, or either of them, by a suit or suits in equity, to ascertain the indebtedness of the school district or districts of said township or townships at the time of the formation of each of the school districts of said boroughs respectively, and to equitably adjust and apportion said indebtedness between the school district or districts of said township or townships, and borough or boroughs, and between the several school districts of the boroughs into which any township shall have become merged, as aforesaid, and where any school, real estate and inovable property belonging to the school district or districts of said township or townships are or shall be within the bounds of any such new district. The said court shall further determine, on hearing, whether an undue proportion of the real estate and movable property belonging to the old district or districts are within the bounds of the new district and, if so, how much money shall be paid therefor by the new to the old district or districts, and the court shall thereupon decree the proportion of said indebtedness which each of said school districts shall pay and the amount of money, if any, which the new district shall pay to the old district or districts for any undue proportion of the school property within the bounds of such new district. In making said adjustment as applied to each of said new school districts reference shall be had to the time of the formation of such new school district and to the debts existing at the end of the current school year in which it was formed, whether since paid or not, and also to the several amounts of school taxes then unexpended and the said adjustment shall be based upon the assessment of said township or townships for the year in which such new district was formed: Provided, That in ascertaining said indebtedness, neither pending actions nor claims against the school district or districts of said township or

townships founded on tort, shall be included, unless the same shall in the meantime have been prosecuted to final judgment.26

Trial by jury.

46. This act does not conflict with Article 1, Sec. 6, of the constitution, which preserves the right of trial by jury.27 No authority in new district.

47. No authority is conferred by this act to decree a balance due to the new district for an undue proportion of realty and movable property remaining in the old district. 28 Notice to persons having claims against the district.

48. Three months public notice shall be given under the order of said court to all persons having claims against the school district or districts of said township or townships, excepting claims in pending actions and claims founded on tort, as aforesaid, to present the same on or before the day therein named, and all persons not presenting their said claims on or before the said day shall be forever debarred from enforcing collection of the same, said notice to be published in not less than two newspapers of the proper county, if there are so many printed in said county, or if there be but one newspaper printed therein, then said notice shall be printed in the same and shall be published in any other manner directed by the said court: Provided, however, That no owner or holder of any bond or bonds of any such school district shall, for any failure to present or make proof of the same as aforesaid, be precluded or debarred thereby from enforcing collection of the same. 29

Rules for collection and payment.

49. The said court shall have power to make all needful rules, orders and decrees in the premises, and for the collection and payment by the school district or districts of said township or townships, borough or boroughs of the share of said indebtedness, respectively, apportioned to them,

27. Parker Twp. Sch. Dist. v. Bruin Boro. Sch. Dist. 13 D. R. 769, 1903. 28. Munhall Borough School District, 207 Pa. 638, 1904.

29. Act June 24, 1895, Sec. 4, P. L. 261.