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· 7/20/1910

West Lampeter Township Road

Citations

  • 43 Pa. Super. 124
  • 1910 Pa. Super. LEXIS 23

Syllabus

<p>Road law — Laying'out road — Cities of the third class — Street commissioner — Quarter sessions — Jurisdiction—Bridges.</p> <p>1. The court of quarter sessions has no jurisdiction to order the street commissioner of a city of the third class to lay out and open a public road, including the construction of a necessary bridge in accordance with the report of a jury of view. The duties of such an officer are merely ministerial. He cannot, like supervisors, levy taxes, and therefore he is without ability to obey such an order if it were made.</p> <p>2. In such a case the local act of January 31, 1857, P. L. 9, applicable to Lancaster county provides the proper mode of proceeding.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

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