39 Pa. Super. 335 | Pa. Super. Ct. | 1909
The sixteenth section of the Act of May 1, 1905, P. L. 318, provided as follows: “In case any person or persons, or corporations, shall sustain damage by any change in grade, or by the taking of land to alter the location of any highway which may be improved under this act, and the county commissioners and the parties so injured cannot agree on the amount of damages sustained, such person or corporations may present their petition to the court of quarter sessions for the appointment of viewers to ascertain and assess such damage; the proceedings upon which said petition and by the viewers shall be governed are by the laws relating to the assessment of damages for opening public highways, and such damages, when ascertained, shall be paid by the respective counties, and afterwards apportioned by the State Highway Commissioner according to the provisions of section fifteen.” This section was amended by the Act of June 8,1907, P. L. 505, so as to read in the same way excepting that the words “by any change of grade” were omitted. As a general rule, a statute amendatory of another, declaring that the prior statute shall read in a particular way, repeals all provisions not retained in the altered form. So that, at the time the appellant presented her petition for the appointment of viewers to ascertain and assess the damages she had sustained by the change of grade, there was no statute in force authorizing it, unless, as is argued, the repeal was not intended to, and
The order is affirmed at the costs of the appellant.