4 Pa. Super. 511 | Pa. Super. Ct. | 1897
Opinion by
As the road vacated and the road laid ont to take its place are partly in a borough and partly in a township, the court of quarter sessions had jurisdiction: Somerset and Stoystown Road, 74 Pa. 61 (1873); Road in Chester, 2 Ch. Co. Rep. 438; Road in Verona, 21 W. N. C. 534; 11 Cent. Rep. 34 (1888); Parkersburg Borough Streets, 124 Pa. 511 (1889); Palo Alto Road, 160 Pa. 104 (1894). The first two assignments are, therefore, overruled.
That the termini reported by the viewers should correspond with those designated in the petition and order is clear upon reason and authority. “ They are the initials which describe the proceeding, and limit the authority delegated by the court to the viewers. When once the viewers cut loose from the order the identity of the proceeding is lost:” Road in Lower Merion, 58 Pa. 66; Boyer’s Road, 37 Pa. 257. But mathematical precision is not required in describing them either in the petition or in the report. It is sufficient if there be substantial conformity and if they be described so that’ the road can be located with reasonable certainty. “ All that the law requires is reasonable certainty in defining the points where the road shall begin and end, and that the road as laid out by the viewers shall begin and end, substantially at the points designated in the petition:” Springfield Road, 73 Pa. 127. The maxim, id cextum est quod certum reddi potest, is applicable: Kyle’s Road, 4 Y. 514: Miller’s Road, 9 S. & R. 35; Bean’s Road, 35 Pa. 280. The specific objection under consideration is, that the report shows that the road was not laid out between the termini mentioned in the order. This objection would not have been good, even if taken in time, as the opinion filed by the learned judge who presided well shows. There is substantial conformity in this particular between the petition and the report. The third assignment is overruled.
No exceptions to the report of viewers were filed, the report was confirmed absolutely on March 25, 1896, and on May 23,
The decree is affirmed and the appellant is directed to pay the costs.