In re Beechwood Avenue

Citations

• 194 Pa. 86
• 45 A. 127
• 1899 Pa. LEXIS 735

Syllabus

<p>Municipalities-Ordinances — Tille—Preamble. Municipalilies-</p> <p>The title and preamble oí an ordinance are parts of the ordinance itself.</p> <p>Road law — Grading streets — Sidewalks—Ordinances.</p> <p>Where the title of an ordinance declares it to be an ordinance authorizing the grading of a street, and the preamble recites the petition of property owners for an ordinance for the grading of a street, and the first section of the ordinance authorizes the department of public works to advertise for proposals, it cannot be charged that the ordinance failed to ordain the grading of the street, since it plainly appears that the intention of the ordinance is to authorize the work to be done.</p> <p>Ordinance— Title.</p> <p>It is not required that the title of an ordinance should be a complete index of its contents.</p> <p>Road law— Ordinances— Title— Sidewalks.</p> <p>Where a petition upon which a paving ordinance is based expressly prays for “ laying of sidewalks,” and the ordinance itself authorizes the advertising for proposals for laying of sidewalks, it is immaterial that the words “ laying of sidewalks ” do not appear in the title of the ordinance.</p> <p>Road law — Finding of fact by vietuers.</p> <p>An exception to a report of road viewers assessing damages, that a street is a public and not a local improvement, is sufficiently answered by the fact that the report of the viewers is predicated of a finding to the contrary.</p> <p>While it may be that a street is constructed as part of the park system of a city, it does not follow that it may not also be decidedly local, and that property fronting thereon may have been “specially benefited” in the proper sense of that term.</p> <p>Road law — Assessments—Special benefits — Publie loan.</p> <p>The fact that a city creates a fund by means of a loan to pay for street improvements for which it is legally liable cannot be construed to disclose an intention by the city to relieve from assessments property which has