In re Heidler

1. The act of April 17, 1876, P. L. 38, authorizing the Court of Quarter Sessions to annex the land, or parts thereof, of persons resident in one township or borough to another township or borough, for school purposes, and to proceed in the manner and under the restrictions of the act of April 15, 1884, P. L. 589, does not authorize the annexation of lands in one township to tlie school district of another when such lands do not adjoin the latter. 2. A petition under said act of 1876 which does not set forth that the land, proposed to be annexed for school purposes, adjoins the township to which the court is asked to annex it, is fatally defective and should not bo entertained.

certiorari to the court of quarter sessions of ALLEGHENY COUNTY. No. 18 October Term 1888, Sup. Ct.; court below, No. 15 March Term 1887, Misc. D. On March 19, 1887, J. S. Heidler presented a petition to the Court of Quarter Sessions, representing : “ That he is a resident of Robinson township, in said county, and is attached for school purposes to the Hughey school district in said Robinson township ; that within tlie past year a school-house has been erected in Stowe township, convenient to your petitioner; that in order to reach said school in Robinson township, your petitioner’s children have to travel one mile and a half over a rough road, but little traveled, and in the winter time unbroken and often impassable for children. In order to reach said school,- they also have to cross Moon Run, by a narrow foot log, and when the stream is swollen it is very dangerous .for children. By reason of the geographical location of your petitioner’s land, it is much more convenient for him to reach the new school lately erected in Stowe township, as aforesaid, and which is known as Sipe school district, the distance thereto being much less than to the m'. ’ Hughey school in Robinson township, and the public road leading thereto being good and not crossing any streams. “ Your petitioner, therefore, prays your honors that his land may be attached to Sipe school district, in Stowe township, for school purposes only, as provided by the act of assembly approved April 17, 1876, and he will ever pray.” Upon this petition, the court appointed three persons as viewers to inquire into the propriety of granting the prayer thereof, and to make report of their proceedings to the next term. On June 6, 1887, the report of the viewers was filed, setting forth that they had viewed the premises and the roads and distances to Hughey school-house in Robinson township, and to Sipe school-house in Stowe township, and found the statements set forth in said petition to be true and correct, and that the viewers were of the opinion that it was “ imminently proper” the prayer of the petitioner should be granted and his land attached to Stowe township for school purposes only. A plot or draft was attached showing the location of the petitioner’s land and the roads leading to the Hughey and Sipe school-houses, respectively. To this report the board of school directors of the district of Stowe township filed exceptions and on October 1, 1887, moved the court to quash the proceedings for the reason, inter alia, that the land of the petitioner which he prayed might be annexed to said school district of Stowe township, did not adjoin said township, as shown by the draft filed.1 On October 10, 1887, the court filed a decree: “ That the report of the viewers be confirmed absolutely and that the land of said J. S. Heidler, situated in Robinson township and described in their proceedings, be annexed to Stowe township for school purposes, and that said Heidler shall pay his school taxes to said township of Stowe and be and remain connected with Robinson township for all other purposes ; and further, that said Heidler pay the costs of this proceeding.” 8 The exceptants then took this writ and specified that the court erred, inter alia : 1. In not sustaining said exceptions.1 2. In entering said order of confirmation.8