Legal Opinion

In re the Division of Bethel Township

Supreme Court of Pennsylvania

Decided May 15, 1845PublishedCited by 3 opinions

From the proceedings returned to this court, by certiorari directed to the Quarter Sessions of Lebanon county, it appeared that a petition, signed by sundry citizens of Bethel township, setting forth that “ the petitioners laboured under great inconvenience, by reason of said township being too large to afford the inhabitants of said township the advantages for which those political divisions have been constituted by the laws of this commonwealth, and praying the court to…

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From the proceedings returned to this court, by certiorari directed to the Quarter Sessions of Lebanon county, it appeared that a petition, signed by sundry citizens of Bethel township, setting forth that “ the petitioners laboured under great inconvenience, by reason of said township being too large to afford the inhabitants of said township the advantages for which those political divisions have been constituted by the laws of this commonwealth, and praying the court to appoint three commissioners (impartial men) to view and ascertain the division line to be established through said…

1Per curiam

That the commissioners were not commanded to report whether, in their opinion, the township ought to be divided, is fatal. True, they voluntarily certified that they thought the division proper; but in going beyond the terms of the order, they acted unofficially. They are to be sworn, but only to do those things rightly which they are commanded to do; and we know not that they swore to the truth of the opinion which they volunteered; officially, they certainly did not. Besides, that notice of the view should be 'given to the inhabitants, is a principle of natural justice; and the maimer of it…

2Cited by3 opinions

  1. Nester AppealSuperior Court of Pennsylvania · 1958
  2. Stowe Township DivisionSuperior Court of Pennsylvania · 1903
  3. East Pennsboro Township Boundary LineCumberland County Court of Quarter Sessions · 1958

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