Reeves's Appeal
Citations
- 33 Pa. Super. 196
- 1907 Pa. Super. LEXIS 267
Syllabus
<p>Poor law — Germantown poor district — Acts of April 6, 1802, 3 Sm. L. 512' — March 31, 1809, 5 Sm. L. 50 — June 20, 1839, P. L. 337 and May 1, 1861, P. L. 590 — Appeals—Auditors.</p> <p>' The act of March 31, 1809, 5 Sm. L. 50, relating to the accounts of the managers of relief and employment of the poor for the township of Germantown, was superseded by the Act of June 20, 1839, P. L. 337. By the latter act the managers have implied power to pay the tax collector on final settlement, and when they have done so, and their accounts have been settled by the auditors provided by the Act of May 1, 1861, P. L. 590, no right of appeal exists, and the action of the auditors cannot be reviewed by the common pleas on appeal.</p> <p>Parts of statutes omitted from a revision are to be considered as annulled, and are not to be revived by construction.</p> <p>Usage under a statute may be considered as an argument as to the construction of the statute.</p> <p>The auditors of the Germantown poor district are not township auditors, and hence the Act of May 11, 1901, P. L. 185, is not applicable to sustain an appeal from their action.</p>
Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice
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