Kuss's Case

Citations

• 60 Pa. Super. 372
• 1915 Pa. Super. LEXIS 201

Syllabus

<p>Road law — Talcing over township road,s by taxpayer — Townships of first class — Acts of June 12, 1898, P. L. 451, and May 24, 1901, P. L. 297.</p> <p>The Act of May 24, 1901, P. L. 297, which was a supplement to the Township Act of April 28, 1899, P. L. 104, and which expressly provided that the provisions of the Act of June 12, 1893, P. L. 451, relating to the taking over of township roads by taxpayers should apply to townships of the^ first class, was not impliedly repealed by the Acts of June 7, 1901, P. L. 510; May 12, 1911, P. L. 307; June 15, 1911, P. L. 987, or May 23, 1913, P. L. 348, nor was it expressly repealed by the Acts of June 10, 1901, P. L. 637; April 22,1909, P. L. 117, or June 19,1913, P. L. 541.</p> <p>The Acts of June 12, 1893, P. L. 451, and May 24, 1901, P. L. 297, are mandatory. The good faith of the petitioner and the sufficiency of the petition, bond and notice having been established, the entry of a decree directing a contract to be entered into between the petitioner and the commissioners, necessarily follows.</p> <p>Statutes — Acts passed, at the same session — Repeal.</p> <p>Statutes enacted at the same session are to be construed to a certain extent as an entire act and therefore it is said that in order to make a later enactment repeal a former one passed at the same session there must be an express declaration or an absolute inconsistency; i. e., there is in such case probably a stronger presumption against an intention to repeal which is unexpressed, than in the case of statutes passed at different sessions.</p>