Section 6

Act 59 of 1891, § 6, under MUNICIPAL ROADS, LAYING OUT AND MAINTAINING.

Act 59 of 1891, § 6

Section 6. Upon the report of said viewers, or any two of them, being filed in said court, any party interested may, within thirty days thereafter, file exceptions to the same; and the court shall have power to confirm said report, or to modify, change or otherwise correct the same, or change the assessments made therein, or refer the same back to the same or new viewers, with like power as to their report. When said report is first filed in court, the prothonotary thereof shall mark the same confirmed nisi, and in case no exceptions are filed thereto within said thirty days, he shall enter a decree (as of course) that said report is confirmed absolutely. The said report, when and as finally confirmed, shall be conclusive as to any assessments made therein to pay the costs and expenses of any sewer, street or other improvement. And within thirty days after said report is filed in court, as aforestated, any party whose property is taken, injured or destroyed, or who is assessed benefits to pay damages for property taken, injured or destroyed, may appeal to the court of common pleas, and demand a trial by jury, according to the course of the common law. Every appellant shall state in the appeal the grounds upon or for which the appeal is taken, and the same shall be signed by the party or parties taking the appeal, or by his or their agent or attorney; and shall be accompanied by an affidavit of the party appellant, or of his or their agent or attorney, that the appeal is not taken for the purpose of delay, but because the appellant firmly believes that injustice has been done. Upon the trial of any such appeal in court, the report of the viewers, as finally approved, confirmed, modified or changed by the court, shall be prima facie evidence of the benefits as therein mentioned. The said court of common pleas shall have power to order what notices shall be given in connection with any part of said proceedings, and make all and such orders as it may deem requisite, and may by rule or otherwise, prescribe the form of the pleadings.

(6 amended Apr. 2, 1903, P.L.124, No.91; repealed in part June 3, 1971, P.L.118, No.6 and Apr. 28, 1978, P.L.202, No.53)