Leet Township Road

Citations

• 159 Pa. 72
• 28 A. 238
• 1893 Pa. LEXIS 1479

Syllabus

<p>Boad law — View and review — Aet of Feb. 23, 1870.</p> <p>Under the general road laws of Pennsylvania a review is a matter of right, provided application for it is made at or before the next term of the court after the report of the viewers is filed.</p> <p>Exceptions were filed to the report of road viewers, and an application for a review was made on Sept. 5, 1892, in due time. Reviewers were appointed who reported at the next term on Dec. 10,1892. On April 14, 1893, the report of reviewers was set aside on the ground that one of them was a petitioner for the review. On the same day the exceptions to the report of the viewers were overruled, and their report was confirmed absolutely. On April 29th, leave was given to file amotion to set aside or reverse the order of April 14th, and in pursuance thereof on May 13th, a rule was granted to show cause why the order confirming the report of viewers should not be set aside and why other reviewers should not be appointed on the petition previously filed. This rule was discharged by the quarter sessions on the ground that the petitioners were tardy in moving for it. Held, to be error.</p> <p>The petitioners for review were not in default prior to April 14th, since they were not responsible for the mistake of the court in the appointment of reviewers, nor entitled to have other reviewers appointed until the exceptions to the review were disposed of. They were not in default after April 14th, by delay of fifteen days, because the court should have vacated the old and made a new appointment of reviewers on the petition then before it.</p> <p>The act of Feb. 23, 1870, P. L. 228, which authorizes the court in its discretion to “ award an alias review or re-reviews,” if a general act, is not applicable to such a case. That act, manifestly intended to apply to York county alone, only applies where there is a substantial or formal defect in the petition for a review or a re-review.</p> <p>Report of viewers — Draft—Improvements