Pennsylvania Act 1901-303 — TOWNSHIP ROADS, OPENING AND VACATING

Act text

TOWNSHIP ROADS, OPENING AND VACATING
                  Act of Jul. 2, 1901, P.L. 607, No. 303              Cl. 73
                                  AN ACT

     To provide for reviewing the proceedings of township road
        commissioners in laying out, opening and vacating roads.

        Section 1.  Be it enacted, &c., That whenever the road
     commissioners of any township are by law invested with the
     authority and power to lay out, open, or vacate public or
     private roads in their respective townships, or, in case of
     appeal, road commissioners from other townships than that in
     which the road lies, and no appeal to any court is otherwise
     provided for, it shall be lawful for, and the duty of, the court
     of common pleas of the respective counties to issue writ, in the
     nature of a writ of certiorari, directed to the commissioners of
     the township in which the road lies, and to the town clerk
     having in charge the record of such road, commanding that a
     certified copy of the record and all the proceedings had in the
     matter of laying out or vacating any road shall be forthwith
     sent to the said court, under the hand and seal of the said town
     clerk; and the said court may examine the same as to the
     regularity of the proceedings had, and the jurisdiction of the
     road commissioners, either of the township in which the road
     lies, or from other townships, in case an appeal has been had;
     and if such proceedings are contrary to law, or if the return
     made to the town by the road commissioners, either in laying out
     or vacating a road is not according to law, or if the road
     commissioners are for any reason without jurisdiction, or for
     any reason incapacitated to act in the particular case, the said
     court shall set the said proceedings aside, either in whole or
     in part, and such proceedings shall then be void and of no
     effect so far as set aside. An appeal shall lie from the order
     of the court, either in confirming the proceedings or setting
     them aside, as in other cases. And in case the regularity of the
     proceedings be sustained by the court, a jury trial may be held
     in said court, to determine all questions of fact involved, with
     the right to either party to enter exceptions and appeal as in
     other cases.
        (1 amended Jun. 9, 1911, P.L.742, No.309 and repealed in part
     Jun. 3, 1971, P.L.118, No.6)
        Section 2.  The court shall provide by appropriate rules the
     manner of issuing such certiorari, the practice to be followed
     in disposing of the same, and shall direct who shall pay the
     costs of the proceeding of the certiorari.
        Section 3.  The writ of certiorari issued in pursuance of
     this act shall be a supersedeas, but no such writ shall issue
     after thirty days after the report of the road commissioners, of
     the township in which the road lies, or the report of the road
     commissioners of other townships in case of an appeal, has been
     filed with the town clerk.