Atlantic Terra Cotta Co. v. Carson

Citations

• 248 Pa. 417
• 94 A. 72
• 1915 Pa. LEXIS 587

Syllabus

<p>Mechanicsf liens — Statutes—Special legislation — Amendments —Immaterial changes — Titles—Repeals—Acts of June 16, 1866, P. L., 695; June 1, 1901, P. L. 181; April 17, 1905, P. L. 172; June 15, 1911, P. L. 980 — Constitution of Pennsylvania, Article III, Section 7 — Constitutional law.</p> <p>1. The Act of June 4, 1901, P. L. 431, repealing Section 16 of the Act of June 16, 1836, P. L. 695, which provided that no scire facias shall in any case be issued within fifteen days previous to the return day of the next term, is not special legislation forbidden by Article III, Section 7 of the Constitution, but the repeal of special legislation which is authorized by the Constitution.</p> <p>2. The Act of 1901 is not rendered unconstitutional because it extends the practice with regard to affidavits of defense to certain counties of the State where prior to 1874 an affidavit of defense to a scire facias upon a mechanics’ lien was not required, since the effect of this change in procedure tends to promote uniformity and to bring the practice into line with the general procedure prevailing throughout the State.</p> <p>3. The fact that the Act of June 15, 1911, P. L. 980, amending the Act of April 17, 1905, P. L. 172, provides that the writ of scire facias shall require the defendant to appear and show cause why the claim “should not be levied on the said property” instead of “on the said structure” as provided in the earlier act, does not involve any material change; the word “property” in the later act includes “structure,” and “structure” in the former act included the land on which the structure was erected; the Act of 1911 is therefore constitutional, although no notice of the substitution is given in its title.</p> <p>4. Section 34 of the Act of 1901, by reference to Section 32 of the same act, required an affidavit of defense to a scire facias sur mechanics’ lien to be filed within fifteen days after service of the writ, and this is not changed by the Acts of 1905 an