Appeal, No. 9, May T. 1888, of Henry Witmer, A. J. Kantz and Samuel B. Bishoff, from a decree of C. P. Dauphin Co. dismissing exceptions to a master’s report on a bill in equity by Benjamín Bordner et al. against the appellants, at No. 83, Equity Docket. Trunkey, J., absent.

íhe bill averred:

_ 1. That the complainants were tax-payers of the school district of Berrysburg borough.

2. That the said defendants, to wit: A. J. Kantz, S. B. Bishoff, Jacob Hess, William H. Deibler, Henry Witmer and Jonathan Brugger are the directors, A. J. Kantz, the treasurer, and Morris Daniel, the collector, for said school district.

3. That said borough is provided with sufficient school accommodations, having a large two-storied brick school house, now in use, with one acre, or thereabouts, of land attached.

4. That there is no immediate necessity for the building or purchasing of any additional school building for the use of the schools of said borough.

5. That said board of school directors levied and collected for the school year of 1883 and 1884 sufficient taxes, including the state appropriation, to keep the schools open and in operation for six months, but closed them at the end of five months, and there was, therefore, a surplus remaining in the treasury sufficient for all repairs and other lawful purposes, besides about ninety dollars received by them for lots sold by them.

6. That the said board of school directors, in the same school year, to wit: the school year of 1883 and 1884, unlawfully levied and collected, or are now collecting, an additional tax as a building tax, amounting to a larger sum of money than is now necessary, and for which they have no immediate use for building purposes.

7. That the said board of school directors have levied for the school year of 1884 and 1885, and are now collecting, a tax sufficient to keep the schools in said borough open and in operation for six months, and have levied and are about collecting an additional tax for building purposes, as alleged by them, amounting to a large sum of money not required for building purposes.

8. That your orators further aver, that said board of school directors of the borough of Berrysburg aforesaid, have fraudulently and unlawfully conspired for the purpose and with the intent to collect said alleged building tax for the purpose of purchasing a certain frame building, lately called Odd Fellows’ Hall, in which some of said directors are interested, with the intent and purpose of using said building in place of said brick school house for school purposes; and further, that to justify them in the purchase aforesaid and to carry out said unlawful conspiracy, they are now neglecting to keep said brick school house in proper repair, and are allowing it to go to destruction by neglecting to repair or renew the roof of said brick school building.

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