In re East Grant Street

Citations

• 121 Pa. 596
• 22 W.N.C. 333
• 16 A. 366
• 1888 Pa. LEXIS 695

Syllabus

<p>1. Streets and alleys in Lancaster city, not upon the city plan authorized by the act of April 18, 1873, P. L. 811, are to be laid out and opened under the general road laws of the commonwealth as modified by the special acts of April 13, 1854, P. L. 352; January 31, 1857, P. L. 9; April 28, 1857, P. L. 338.</p> <p>2. Although the act of June 8, 1881, P. L. 68, in so far as it professes to declare the meaning of the prior enactment, is invalid under § 6, article III. of the constitution, yet said act repeals § 13, act of May 23, 1874, P. L. 235, by the section expressly substituted therefor.</p> <p>3. The act of May 24, 1887, P. L. 204, providing for the incorporation of cities of the fourth, fifth, sixth and seventh classes, etc., is in conflict with the constitution and therefore void.*</p> <p>4. Where exceptions to a report of viewers are dismissed and reviewers appointed on petition filed, followed by a writ of certiorari operating as a supersedeas, it is not error after the record is remitted to refuse to enter continuances of the order to the reviewers, nunc pro tunc, from term to term, pending the certiorari: Salem Tp. Road, 103 Pa. 250.</p>