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· 7/15/1914

Columbus Township Road

Citations

  • 57 Pa. Super. 516
  • 1914 Pa. Super. LEXIS 227

Syllabus

<p>Road law — Viewers—Qualification of viewers — Incompatible offices— Public officers — Officers defacto — Act of June 88,1911, P. L. 1183.</p> <p>1. After a report of viewers appointed from the county board of viewers has been filed and confirmed nisi, the county commissioners cannot object that the view is void because one of the viewers was a notary public, and another was a referee in bankruptcy. Until removed by proper proceedings the viewers are de facto officers, and their public acts are valid even if they were in fact disqualified. The objection to the validity of their acts comes too late after their report is filed.</p> <p>2. Exceptions to a report of road viewers taken more than a year after the report is filed will be overruled where it appears that a rule of court provides that exceptions should be filed within thirty days and no explanation is given for the delay.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Rice, Trexler

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