In re Opening of Knox Street

Citations

• 12 Pa. Super. 534
• 1900 Pa. Super. LEXIS 272

Syllabus

<p>Statutes — Repeal of local law by a local law — Former not revived by unconsiilutionality of latter.</p> <p>Where a local or special law is repealed by another local or special law, and the latter is then repealed, the former is not revived if there is a general law governing the subject; and the Act of June 6,1873, P. L. (1874) 407, which was explicitly repealed by the Act of June 26,1895, P. L. 320, was rendered inoperative by the Act of May 21, 1895, P. L. 87, and is not revived by the fact that the act of May 21,1895, is unconstitutional.</p> <p>Road law — Statutes—Repeal—When continuance must be made.</p> <p>The Act of May 21,1895, P. L. 87, which gave a jury of view six months for their labors, being unconstitutional, proceedings in Philadelphia are to be regulated by .the Act of June 13, 1836, P. L. 551, as modified by the Act of March 13, 1867, P. L. 420, and viewers must make their report to the next court; that is, within the next month of their appointment, unless continued by the court; otherwise, the proceedings become defunct, and the court itself has no power by a nunc pro tunc order or otherwise to resuscitate the defunct order to view.</p> <p>Road law — Practice, Q. S. — Continuances, how to be made.</p> <p>The jurisdiction of the quarter sessions in road cases is purely statutory, and hence the mode of proceeding prescribed by law must be strictly pursued. Reports by juries of view must be made at the next term. The terms in Philadelphia are monthly. If, for any sufficient reason, the report cannot be made to the next term, the proper course is to continue the order to view and make returnable to the next succeeding term; but this must be done before the order has expired ; that is, before or during the session of the court to which it is returnable. If that term is permitted to pass without the presentation of the report or an order extending the time for making the same, the order to view becomes, ipso facto, inoperative, and with it the autho