Certiorari to the Sessions of Montgomery County
Supreme Court of Pennsylvania
It appeared by the record, that in May sessions 1801, the original petition had been presented for the road, upon which viewers were appointed. In August 1801, the viewers reported a public road by courses and distances, which was confirmed nisi; but on a petition for a review, reviewers were appointed. In November 1801, the reviewers reported, that they had viewed and agreed to the former return, but a petition was presented to quash their proceedings.
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It appeared by the record, that in May sessions 1801, the original petition had been presented for the road, upon which viewers were appointed. In August 1801, the viewers reported a public road by courses and distances, which was confirmed nisi; but on a petition for a review, reviewers were appointed. In November 1801, the reviewers reported, that they had viewed and agreed to the former return, but a petition was presented to quash their proceedings. In February 1802, the report of the reviewers was quashed for irregularity in not giving notice, and other reviewers wen; appointed. In May…
1Opinion of the CourtTilghman, C. J.
I shall give my opinion on one point only; because it will decide this cause. I mean on the 7th exception; *394which is, that all former road laws having been repealed by the 25th section of the act of 6th April 1802, the court of Montgom- * 1 ery *county had no authority to continue the proceedings, 395J Tyhich were instituted prior to the passing of that act.
The authority to lay out roads is not naturally incident to courts of justice, and was therefore vested in them by particular acts of assembly. If the laws vesting this authority had been repealed, and the power had been given to another…
2Cases cited3 opinions
- Arnold v. Jack's ExecutorsSupreme Court of Pennsylvania · 1854
- Hickory Tree RoadSupreme Court of Pennsylvania · 1862
- In re Koch's EstateSupreme Court of Pennsylvania · 1835
3Cited by13 opinions
- New London Northern Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
- Boarad of Trustees v. City of ChicagoIllinois Supreme Court · 1853
- Hunt v. JenningsIndiana Supreme Court · 1839
- Abbott v. CommonwealthSupreme Court of Pennsylvania · 1839
- Commonwealth v. BeattySupreme Court of Pennsylvania · 1833
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