Apollo Borough v. Clepper

Citations

• 44 Pa. Super. 396
• 1910 Pa. Super. LEXIS 185

Syllabus

<p>Municipal liens — Locality index — Mandatory statute — Statutes.</p> <p>1. Section 27 of the Act of June 4, 1901, P. L. 364, which provides that “it shall be the duty of the prothonotary of the courts of common pleas to keep a locality index in which shall be entered all tax or municipal claims hereafter filed,” is mandatory; and if a locality index is not kept in a county, and a municipal lien for improvements is entered in the wrong name in the judgment and mechanic lien indexes, a purchaser of the property assessed, without actual notice of the hen, takes it free of the lien.</p> <p>2. Whether the words of a statute are to be interpreted as mandatory or merely directory depends upon whether the thing directed to be done is of the essence of the thing required, or is a mere matter of form.</p> <p>3. A direction contained in a statute though couched as in permissive language will not be construed as leaving the acceptance optional, where the good sense of the entire enactment requires its provisions to be deemed compulsory.</p> <p>4. The words “shall be lawful” though permissive in form are to be construed as directory or mandatory according as the circumstances in each case show the intention of the legislature to be. '</p>