In re Road in Smithfield Township

Shull, P. J.,

The question here involved is the power of the court to decree a private road three years and five months after the confirmation of the report of viewers when, though the report recommended a private road, in the confirmation there was no private road decreed.

The viewers in this case reported as required by law. In their report they recommended the vacation of the public road and likewise recommended that a part of the road so vacated become a private road for the use of the property holders whose properties abutted upon the road. The report was confirmed nisi at September term,…