Manchester Township Supervisors v. Wayne County Commissioners

Citations

• 257 Pa. 442
• 101 A. 736
• 1917 Pa. LEXIS 756

Syllabus

<p>Gonstitutional law — Constitution of Pennsylvania, Art. Ill, Sec. 6- — Statutes—Repealing statutes — Revival of statutes — Highways— Toll roads — Condemned toll roads — Cost of maintenance — Townships — Counties—Acts of April 20,1905, P. L. 237; April 25, 1907, P. L. m; May 10,1909, P. L. Jf99; May 15,1911, P. L. 21.</p> <p>1. Section 6 of Article III of the Constitution providing that no law shall be revived, amended or the provisions thereof be extended or conferred by reference to its title only, but so much thereof as is revived, extended or conferred shall be reenacted and published at length, is restricted in its application to express statutory revivals of prior statutes and does not abrogate the common law rule that when a repealing statute is itself repealed, the first statute is revived without formal words for that purpose in the absence of any contrary intention expressly declared or necessarily to be implied from the enactment.</p> <p>2. The supervisors of a township petitioned for a writ of mandamus to compel the county commissioners to keep in repair so much of an abandoned turnpike as passed through the township, alleging that under the Acts of April 20, 1905, P. L. 237, and April 25, 1907, P. L. 104, it was the duty of the county to keep such highway in repair. Defendants contended that a_s the Act of May 10, 1909, P. L. 499, repealed the prior acts, the county was relieved of the duty of keeping such highways in repair and further contended that although the Act of 1909 was subsequently repealed by the Act of March 15, 1911, P. L. 21, the revival of the prior acts was prevented by Section 6 of Article III of the Constitution. Held, that the rule that when a repealing statute is repealed the first statute is revived was not affected by the constitutional provision and that it was the duty of the county commissioners to keep the highway in repair, and an order awarding a mandamus as prayed for was affirmed.</p>