St. Clair Borough v. Souilier

Citations

• 234 Pa. 27
• 82 A. 1099
• 1912 Pa. LEXIS 606

Syllabus

<p>Road, law — Report of viewers — Exceptions—Time for filing — Acts of May 16,1891, P. L. 76, and April 2,1903, P. L. m.</p> <p>1. When a statute fixes the time within which an act must be done, the courts have no power to enlarge it, although it relates to a mere question of practice. This rule is applicable to the provision of the Act of May 16,1891, P. L. 75, as amended by the Act of April 2, 1903, P. L. 124, providing that exceptions to a report of viewers must be filed within thirty days.</p> <p>2. Where road viewers are appointed “to ascertain the cost, damages and expenses and assess the benefits by reason of said improvements,” they sufficiently comply with their order of appointment if they report no damages to be awarded, and no benefits to be assessed. They are not required to award damages or assess benefits if they find as a matter of fact that the properties were neither damaged nor benefited by the improvement.</p> <p>3. Where three road viewers qualify by taking the necessary affidavit, and all join in the notice of the first meeting, and the language of their report indicates that all three inspected the line of the. improvement, heard the testimony and joined in the findings, their report cannot be attacked on the ground that only two of the viewers acted, because only two of them signed the report.</p> <p>Appeals — Road law — Exceptions—Final order.</p> <p>4. In a road proceeding an order which merely states “the exceptions are sustained,” is not a final order from which an appeal will properly lie; but if an appeal is taken from such an order and the appellate court finds that the exceptions should have been dismissed, it will reverse the order and dismiss the exceptions without resorting to the circuitous proceeding of sending the record back for a proper order and a second appeal.</p>