This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt: ...imperatively demand it. Chestnut Street, 32 Leg. Int. 396. 37. A proviso in an ordinance for opening a street, that the property-owners shall first indemnify the city against damages, above a sum certain, is a condition precedent, and will be enforced, by setting aside the report of viewers. Vine Street, 32 Leg. Int. ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt: ...imperatively demand it. Chestnut Street, 32 Leg. Int. 396. 37. A proviso in an ordinance for opening a street, that the property-owners shall first indemnify the city against damages, above a sum certain, is a condition precedent, and will be enforced, by setting aside the report of viewers. Vine Street, 32 Leg. Int. 239; s. c. 1 W. N. C. 545. 38. It is error, for the quarter sessions to set aside an award of damages, on a ground not made the subject of exception; and such order must be reversed, under the act 3 May 1809 (P. L. 1247). Spring Garden Street, 01 Penn. St. 422. Delaware Avenue, 67 Ibid. 309. 39. It must expressly appear by the record, that the report was set aside on a ground stated in an exception filed. Delaware Avenue, 67 Penn. St. 309. 40. The act 23 March 1800 (P. L. 299), for the improvement of Broad street, is constitutional; and the ordinance for laying the Nicholson pavement thereon, and the contracts under it, made by the highway department, were valid. Bouvier v. Philadelphia, 24 Leg. Int. 340. 41. The act 0 May 1872 (P. L. 1103), authorizing the opening of streets through the Monument cemetery, did not confer the right to extend them beyond it. Naglee v. Philadelphia, 31 Leg. Int. 92. 42. It is the duty of road juries, not only to assess damages, but to apportion them among the parties benefited; and each of such parties is entitled to notice, and his day in court. Chestnut Avenue, 3 Phila. 205. 43. The report of damages must show the advantages to the neighboring properties, and apportion the amount among the owners: legal expenses are not part of the damages allowed by law. Moger Street, 0 Phila. 81. 44. The widening of a street already opened, is not such a public benefit, as will justify the imposition of the whole of the damage...
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