Opinion by

This case depends on the construction of the act of May 16, 1891, the question being, whether it repeals § 10, art. V, of the act of May 23, 1889, relating to the paving and improvement of streets in cities of the third class. The same question was presented by the Appeal of Fellows et al., from the common pleas of Lackawanna county, in which an opinion is handed down herewith.

For the reasons there given the decree in this case is affirmed.