2 Binn. 250 | Pa. | 1810
delivered the court’s opinion.
The counsel of Mr. George Aston who opposed this road, have taken six specific exceptions thereto; each of which shall be considered.
We will follow the example of the counsel, and observe on the first and sixth exceptions together. The act of the 6th of April 1802, 5 St. Laws 178. directs that “ on a petition for “ a public or private road, the justices of the Court of Quarter u Sessions of each county shall have power in open court, to “ order and appoint six discreet and reputable freeholders, of “ the inhabitants near where complaint is made for want of a ■“ road, to view the ground proposed for the said road &c.” It has been objected, that the persons appointed as viewers and re-reviewers of this road, were not freeholders and inhabitants near the road, in fact; and that it is absolutely necessary that it should appear on the face of the proceedings, that
2. The second exception is, that the viewers or the re-reviewers have made no reference to the improvements, through which the road passes. But this is not warranted by the fact. The plot or draught of the road annexed to the returns, does refer to the improvements, with much seeming correctness; and it appears to the court that such references should be on the draught, by the plain words of the act. Where different courses and distances have been returned by
3. We see no weight in the exception, that the sessions had no power to grant a re-review. It is a second review directed for- the information of the minds of the court. Many cases may occur, where from local circumstances it may be difficult for the court to form their judgment on the relative merit of two different returns. The members of the court may suppose that the viewers and reviewers possessed equal disinterestedness, respectability of character, and knowledge of the ground through which the road passes; and their minds may balance between them. What more proper medium of information could be pointed out in such a case, than the view of other discreet and reputable men, to determine to which of the returns the preference should be given, or lay out a road by a new route, which would combine the public and private interest? The sessions ultimately decide upon all the information they can obtain.
As, The fourth exception has been abandoned.
5. It is objected, that it does not appear, that notice of the view or re-review was given to the commissioners of the county, pursuant to the order of the sessions. The object of such order must have been to prevent the county being burthened with unnecessary roads of no public utility. It is a prudential precaution, though not found in the words of the law. Here three different sets of men have agreed on the necessity of a public road as prayed for. Two of the commissioners were present at the view, and one commissioner attended the re-review. If the order of the sessions had not been complied with, we may reasonably suppose, that this objection would have been made to the court below, on a road so much contested; and this not having been done, we may fairly presume, that due notice was given to the commissioners, some of whom attended.
7. The last is a general sweeping exception, referring t© particular objections before made, and observed upon.
Proceedings confirmed.