5 Binn. 481 | Pa. | 1813
The principal error assigned in this case, is, that six persons were appointed by the Court to view the road, and adjudge the damages, and only five of them joined in the report. The act of Assembly directs, that the person sustaining damage by the laying out of the the road, may make application to the Court of the county in' which such damage is sustained, and thereupon “ the “ Court shall appoint six disinterested persons, to view and “ adjudge the amount of the damages so done, which, if “ approved by the Court, shall be paid by the company.”
It may be material to ascertain in the first place, whether all the six persons appointed by the Court, met and viewed the land. The report is made by five of them, and it is contended on the part of the Turnpike Company, that this Court , must take for granted, that no more than five met and viewed, because there is no mention of more iu the
It has been objected, that the Court of Quarter-Sessions had no jurisdiction, because it does not appear on the record, that the place where the damage was done, is in the county of Delaware. No objection was taken in that court to want-of jurisdiction. It does not appear that the place is out of their jurisdiction, and therefore we ought to suppose that it is within it.
The only point of serious difficulty, is, that the act requires six persons to view and adjudge the damages. Six viewed, but five only adjudged. It is conceded, that where several persons are authorised to do a private act, they must all join, because unless the contrary is expressed, the intent of the person granting the authority must have been that it
Proceedings confirmed.