
    SCHUYLKILL COUNTY’S APPEAL.
    The Court of Quarter Sessions has jurisdiction in a proceeding to widen a street in Pottsville.
    The Act of February 7, 1867, does not apply to Boroughs.
    A report of road viewers awarding damages may be confirmed nisi immediately upon presentation.
    Certiorari to Quarter Sessions of Schuylkill County. No. 65, July Term, 1881.
    This was a proceeding to widen Ploward Street in the Borough of Pottsville, and the viewers reported that they had widened said street two feet, and had taken a strip two feet wide and 218 feet long from the lot of “The Rector, Church Wardens and Vestrymen of Trinity Church, Pottsville,” and ■assessed the damages of said church at $1,200. The viewers were appointed December 20th, 1880, and on January 3rd, 1881, the report was filed and confirmed nisi. The County of Schuylkill filed exceptions on February 11th, 1881, and on May 31st, 1881, the Court overruled the exceptions and confirmed the report. The County then took this certiorari to the Supreme Court.
    The first five errors assigned were as follows:
    1. The Court below had no jurisdiction in the premises, and therefore erred in allowing the petition to be filed, and appointing viewers, and in its subsequent orders and proceedings in the matter.
    2. The proceedings of the viewers are void for want of notice to the Supervisor and Auditors of the Boroug h of Potts-ville, of their intended view, (as required by Act of February 7, 1867, P. L., p. 148, Appendix p. 13). )
    3. The report of the viewers is void because it has not attached to it a copy of such notice on said Borough Supervisor and Auditors, together with proof of service thereof, as required by said Act of 1867.
    4. The proceedings of the viewers, and their report thereof, are void, because it does not appear that they were first sworn as required by law, before proceeding to the duties of their appointment. (Purdon, p. 1,2S8, sec. 87).
    5. The report of the viewers was filed prematurely, because the viewers having been appointed December 20, 1880, the next term of the Court below commenced on the first Monday of March, 1881; filing the report on January 3,1881, was therefore premature and of no effect or validity.
    A. W. Schalck, Esq., County Solicitor,
    cited Act February 19, 1828, P. L. 100 ; incorporating Borough of Pottsville, supplement of April 4, 1831, P. Laws 439; Callowhill Street Case, 32 Pa. 361; Act April 22, 1856, P. Laws 509; Somerset and Stoystown Road, 74 Pa. 61; South Chester Road, 80 Pa. 370; Easton Road, 3 Rawle 195 ; Sharrett’s Road, 8 Pa. 89. As to the second and third errors he cited Act of Februruary 7, 1867, P. Laws 148; Sharp vs. Sharp, 13 S. & R. 446 ; Norwegian Street 81, Pa. 353. As to the fourth error he cited Act June 13, 1836, Sect. 3, P. Laws 555; Cambria Street, 75 Pa. 357; Bryson’s Road, 2 P. & W. 207; Nicetown Lane, 11 Phila. 377. As to the fifth error he cited Act April 5, 1849, P. Laws 367; Act April 30, 1855, P. Laws 374; Smithfield Creek Bridge, 6 Wharton 363; Baldwin Twp. Road, 36 Pa. 9; Frankstown Road, 26 Pa. 472; Norwegian Street Case, Ante page 24.
    The seventh specification was that the Court erred in approving of the damages immediately upon the filing of the report on January 3rd, 1881, and the appellant cited in support of this specification Act February 11th, 1854, P. Laws 62, Section 4 ; Kensington Turnpike Co., 97 Penna. 276; Charlestown Road, 2 Gr. 467.
    F. A. Mortimer, G. E. Farquhar, C. Little and D. B. Green, Esqs., for Trinity Church,
    argued that it has been decided that the Court of Quarter Sessions has jurisdiction in widening streets in Pottsville, Norwegian Street Case, Ante page 24.
    The Act of February 7th, 1867, P. Laws 148, relates only to proceedings in townships, and not in boroughs, and therefore the second and third, errors are not sustained.
    As to fourth error, the./yiewers say that, “having been first duly sworn according to law, do report,” &c., and this is sufficient, unless it is shown that in fact they have not been sworn before they began their duties, Wayne Twp. Road, 33 Leg. Int. 322.
    As to fifth error, the Court made an order on November 27th, 1878, under the Act of April 9, 1874, P. Laws 58; making the terms of the Quarter Sessions to commence on the-first Mondays of January, March, May, July, September and November of each year, and consequently the report of the viewers filed on January 3rd, 1881, was filed to the next, term after their appointment.
    As to the seventh specification, the action of the Court, was only nisi, and exceptions could be filed, and were filed, subsequently. The Act of April 23, 1856, P. Laws 509, relied on by appellant, was repealed by Act of March 6, 1860, P. Laws 105, see Norwegian Street Case.
    A. W. Schalck in reply
    stated that the opinion of Judge Williams deciding that the Act of 1860 repealed the Act of 1856 is not on file in the Supreme Court, and is not reported in any book or periodical or paper, and the paper books and records are missing, and therefore asked a reconsideration of this question; and in regard to repeals, cited Barber’s Case, 86 Pa. 392 ; Brown vs. Commissioners, 21 Pa. 37; Dyer vs. Covington Twp., 28 Pa. 186; Bounty Accounts, 70 Pa. 92; South Chester Road, 80 Pa. 370; Osage Street, 90 Pa. 117; Smedley vs. Erwin, 51 Pa. 445; Sharrett’s Road, 8 Pa. 89; In re Ridge Avenue, 39 L. Int. 109.
   The Supreme Court affirmed the decree of the Quarter Sessions on May 1st, 1882, in the following opinion:

Per Curiam

We have listened attentively to the able argument of the Solicitor for the County of Schuylkill, but he has failed to convince us we ought to overrule our decision in Norwegian Street, Ante page 24. The orther specifications of error, are without merit.

Proceedings affirmed.  