Stowe Township Division

Citations

• 23 Pa. Super. 285
• 1903 Pa. Super. LEXIS 57

Syllabus

<p>Townships — Division of townships — Notice—Deport of commissioners— View of locality — Exceptions—Appeals—Act of April 15, 1834, section 13, P. L. 537.</p> <p>In proceedings under the Act of April 15, 1834, P. L. 537, relative to the division of townships, the inhabitants have a natural right to a hearing before the commissioners, and, therefore, it is the duty of the commissioners to give notice. It is also the duty of commissioners to view the proposed division line, but the performance of such duty will be presumed on appeal unless the report shows the contrary. If the report is ambiguous on this subject, and no exception has been filed to it upon this ground in the court below, the appellate court will not, on appeal, and after the organization of the two townships has been completed, presume that the commissioners failed in their duty.</p> <p>Where the commissioners have reported in favor of division according to the line specifically described in the petition, objection cannot be made to the report on the ground that certain descriptive words had been added to the description of the line, where such words produce no variance between the petition properly understood, and the report.</p> <p>The Act of April 28, 1899, P. L. 104, contains no provision which is inconsistent with or repugnant to the provisions of the Act of April 15, 1834, section 13, P. L. 537, and its supplements, relating to the division of townships; nor is there anything in the nature of a township of the- first class which prevents its division in the mode prescribed by the general law.</p>