Lower Nazareth Township Supervisors' Appeal

Opinion by

Mr. Justice Patterson,

Herbert T. Lilly et al., appellants, challenge the propriety of a surcharge imposed upon them by the township auditors, following the audit and settlement of their accounts, as supervisors of Lower Nazareth Township, for the fiscal year ending January 1, 1939. The subject matter of the surcharge, aggregating $11,452.72, is moneys expended on contracts let for the repair and maintenance of highways in excess of the sums budgeted and appropriated for such purposes.

The “Second Class Township Law” of 1933, as amended by section 3 of the Act of June 5, 1937, P. L.…