Vacation of Henry Street, Allegheny City

Citations

• 123 Pa. 346
• 16 A. 785
• 1889 Pa. LEXIS 659

Syllabus

<p>1. By tbe act of May 8, 1854, P. L. 645, jurisdiction is conferred upon tbe Court of Quarter Sessions of tbe proper county to vacate any public or private lane, alley, road or highway, in an incorporated city or elsewhere, which has become useless to the public by reason of forming town plots or otherwise.</p> <p>2. The proceedings under said act are not subject to the restrictions of § 22, act of June 13, 1836, P. L. 558, or of § 1, act of May 3, 1855, P. L. 422, as to streets, lanes or roads within incorporated cities or boroughs, nor is the practice therein regulated by the provisions of said acts entitling exceptants to the appointment of reviewers.</p> <p>3. Whether the provisions of said act, as affecting a highway in Allegheny city, a city of the third class under the act of May 23, 1874, P. L. 230, are affected by the jurisdictional provisions of § 13 of the latter act, or whether the latter act is unconstitutional, are questions not raised, as the provisions of the act of 1874 have not been accepted by said city.</p>