Stowe Township Road

Citations

• 20 Pa. Super. 404
• 1902 Pa. Super. LEXIS 249

Syllabus

<p>Road law — Rereview—Costs.</p> <p>Where an order for a rereview is not made by the court of its own motion but upon a petition of inhabitants and taxpayers, the imposition of the expense of the rereview upon the petitioners is proper.</p> <p>Where a petition for a rereview is not in the alternative, and the petitioners do not desire a rereview after the disposition of the exceptions to the view, they should withdraw their petition, or take some action indicating their wish to do so. Failing in this the costs are properly imposed upon them.</p> <p>A general rule of court requiring viewers to report whether in their opinion the damages ought to be paid by the petitioners or the county involves no surrender of the power conferred on the court by the Act of February 24, 1845, P. L. 52, sec. 4. A report that in the opinion of the viewers the damages should be paid by the county is not binding on the court, but the approval of the report conclusively implies that the court has performed the duty imposed upon it by the act of 1845.</p> <p>Road law — Width of road — Viewers—Rereviewers.</p> <p>It is not within the jurisdiction of the rereviewers to fix the width of a road, but where viewers have recommended a certain width and this was the width fixed by the court when it confirmed the report nisi, and the re-reviewers report and recommend “the same road, with its courses and distances as reported by the viewers in this case,” the omission to attach a copy of the plan reported by the viewers to the report of the rereviewers is not a fatal defect.</p> <p>Road law — Viewers—Duties of surveyor — Opening road.</p> <p>Possibly the court of quarter sessions may in its discretion refuse confirmation of a report of viewers when it does not affirmatively appear that the provisions of the Act of April 26, 1850, P. L. 595, relative to the duties of surveyors, have been strictly followed, but where the report contains all that is required by the act of 1836, and is so full and preci