Commonwealth v. Bowman

Citations

• 218 Pa. 330
• 67 A. 622
• 1907 Pa. LEXIS 518

Syllabus

<p>Bridges — County bridges — Statutory requirements — Record—Act of June 13, 1836, P. L. 651.</p> <p>Under the Act of June 13, 1836, P. L. 551, the prerequisites to the authority of county commissioners to build a county bridge are: (1) a report of viewers that the bridge is necessary and would be too expensive for the township; (2) that these facts have been made to appear to the court, grand jury and commissioners of the county; and (3) that the bridge has been entered on record as a county bridge. Each one of these several steps is necessary to the validity of the proceeding authorizing the erection of a county bridge. If either has not been taken the commissioners are not empowered to expend the money of the county in the erection of the bridge.</p> <p>The proper practice in conforming to the statutory provision as to recording a county bridge, is for the commissioners to pass a resolution formally expressing their concurrence in the view that the bridge is necessary, and too expensive for the township, and to file a copy of such resolution in the quarter sessions, the record of which will then show a complete proceeding carrying authority to build. The mere fact that the commissioners had advertised for proposals to erect the bridge, and that this appeared in the records of the court, is not a compliance with the statutory provision that the bridge shall be entered of record.</p>