Allegheny County Commissioners' Case

Citations

• 61 Pa. Super. 591
• 1915 Pa. Super. LEXIS 377

Syllabus

<p>Road law — Appeals—Record—Evidence—Certiorari.</p> <p>An appeal from an order of the court in relation to a public road is in the nature of a certiorari. Neither the testimony, nor the rulings of the court on the admission of evidence, nor the findings of fact however unwarranted, are brought up with the record on the certiorari.</p> <p>Jury — Grand jury — Fraud—Discretion of court — Review—Appeals.</p> <p>The action of a grand jury influenced by fraud or improper Conduct may be set aside by the court. If the court, in the exercise of a proper discretion refuses to act, the appellate court will not interfere unless the facts to sustain the charge of fraud or improper conduct be such that the appellant court may say that the lower court, in thus refusing to act, abused its discretion.</p> <p>Road law — Hearing before grand jury- — County commissioners.</p> <p>County commissioners have a right to be present at a hearing in a road case before the grand jury, and to state in a proper way their views as to the propriety of the public improvement contemplated.</p> <p>Constitutional law — Title of act — Road law• — -County commissioners — Act of May 1.1, 1909, P. L. 506.</p> <p>The Act of Hay 11, 1909, P. L. 506, entitled “An Act providing for the construction, operation, and maintenance of public highways, bridges and tunnels in the several counties of this Commonwealth; authorizing the taking of property for such improvement and providing for the compensation therefor and the damages resulting from such taking; providing for the payment of costs and expenses incurred in such construction, operation and maintenance; and authorizing the levy of a tax and the issuance of bonds to provide a fund for said purpose,” is not unconstitutional as being defective in title, inasmuch as the title sufficiently indicates the change of policy on the part of the Commonwealth which extended the powers of the county commissioners over street improvements within cities and boroughs.</p>