Vernon Park

Citations

• 163 Pa. 70
• 29 A. 972
• 1894 Pa. LEXIS 1145

Syllabus

<p>Eminent domain—City parks—Municipalities—Act of May 13, 1857.</p> <p>Under the act of May 13, 1857, P. L. 489, which enacts that the courts shall appoint a jury to assess damages for land taken for public parks in Philadelphia, and that “ the proceedings thereupon shall be the same and with like effect as upon the assessment of damages for the opening of streets,” the proceedings must conform to the law as it may be in regard to streets from time to time when park proceedings are begun, and not'to the law as it was in 1857.</p> <p>Appeals—Gondemnation proceedings in park cases—Implied rep>eals— Acts of June 18, 1874, and May 26, 1891.</p> <p>The aefc of May 26, 1891, P. L. 116, which gave to any party aggrieved an appeal, in street cases, within thirty days after a decree of confirmation of the viewers’ report in the quarter sessions, gave also the same fight in all other eases where the proceedings were directed to be the same, including park cases under the act of May 13, 1857.</p> <p>The act of June 13i 1874,P. L. 283, providing for an appeal within thirty days of the filing of the report, is not repealed by the act of May 26, 1891, P. L. 116, which provides for an appeal to be taken within thirty days from the decree of confirmation by the court of quarter sessions.</p> <p>The two systems are not irreconcilable but may run together with entire harmony. The act of 1874 gives an appeal from the award itself, of which the party'appealing may avail himself at once without wailing for the action of the court, and must avail himself if at all within thirty days “ and not afterwards ” under the act. The act of 1891 gives no appeal at all from the award, but allows “ any party aggrieved by the said decree of confirmation ” to appeal therefrom ; a different appeal, at a different stage of the case, and not necessarily to the same party. The legislature would seem to have regarded the remedy at the earlier stage as insufficient and accordingly provided an additional on