129 A. 78 | Pa. | 1925
Argued May 17, 1925. The defendant, Rose Township, is a subdivision of the plaintiff, Jefferson County. In 1919 the electors of the defendant township duly authorized an increase of its indebtedness in the sum of $21,700 for the construction and improvement of its public highways. Thereafter, on April 21, 1921, the defendant's supervisors, at a regular session, adopted a resolution petitioning the county for aid in the improvement of a designated part of State Highway No. 248 in said township, as authorized by the Act of June 12, 1919, P. L. 450. On May 23, 1921, the commissioners of Jefferson County, by a unanimous resolution, directed to the State Highway Department, agreed to pay seventy-five per cent of the expense of such improvement, the same to be made under the direction of said department. Later, in January, 1922, a contract was made between the State Highway Department and Jefferson County, providing, inter alia, for said improvement, by which the State was to pay the engineering, advertising and inspection expenses thereof. Then, in March, 1922, a contract was duly executed between plaintiff and Matthew Bros. Construction Company, inter alia, for making the improvement in question. During the same month a contract was made between plaintiff and defendant, with proper recitals, whereby the county agreed to pay three-fourths and the township one-fourth of the cost of the improvement. The latter contract was made in the name of the township and signed "Rose Township by S. J. McManigle C. D. Jones, Supervisors." The Construction Company completed its contract and was paid therefor by Jefferson County the sum of $58,818.12, on account of the improvement in question; to recover one-fourth thereof this action in assumpsit was brought against the township. The trial judge directed a verdict for plaintiff and from judgment entered thereon defendant has appealed.
We find no substantial merit in any of the assignments of error. County aid in making the improvement *130
was properly sought by the township and the resolution asking therefor purports to have been made at a regular session, is signed by "Wm. A. Green, C. D. Jones, Supervisors," and certified by the secretary; while the township's contract with the county above referred to is on its face properly executed. There was no denial that the resolution was adopted at a regular session or that the supervisors executed the contract for the township. No objection was interposed as to the authenticity of the documents, and there is a presumption, not challenged here by averment or proof, as to the regularity of corporate action. Such acts are presumed to have been rightly done. "The presumption is that an officer performs his duty, and that his acts are regular and in conformity with the requirements of law. If the performance of any precedent act is necessary to the validity of his official act, there is a presumption in favor of his official act, which amounts to presumptive proof of the performance of the precedent act": Houseman v. Int. Navigation Co.,
While it is the duty of the town clerk or secretary to keep a record of the proceedings of the supervisors, the lack thereof will not invalidate their action: Machine Co. v. Allegheny Township,
The local Act of April 11, 1862, P. L. 488, referring to the defendant township reads as follows: "That from and after the passage of this act, all taxes assessed and levied in Rose Township, Jefferson County, for road purposes, that is, for opening new roads, repairing old roads, repairing or building bridges, or cash tax to pay road debts, shall be used only for that part of the township where the taxables reside, who have to pay the same; and that Redbank Creek, in said township, shall be the division line for road purposes aforesaid." This act was interposed as a defense to plaintiff's claim; but we agree with the trial court that it had been repealed by subsequent legislation. We are aware that repeals by implication are not favored and that as a general rule a local act will not be repealed by a subsequent general one, although the provisions are different: Com. ex rel. v. Brown,
Where the highway department approves, the right of a township and county to join in the improvement of a state highway on such terms as to expense, etc., as may be agreed upon, is expressly authorized by Acts of May 24, 1917, P. L. 291, and of June 5, 1919, P. L. 395.
The assignments of error are overruled and the judgment is affirmed. *133