Barnesboro Borough v. Speice

Citations

• 40 Pa. Super. 609
• 1909 Pa. Super. LEXIS 647

Syllabus

<p>Road law — Personal action against owner — Assessment—Act of April 4, 1907, P. L. 40.</p> <p>1. The Act of April 4, 1907, P. L. 40, providing “that hereafter all municipalities of the commonwealth of Pennsylvania may proceed for the recovery or collection of any municipal claim or claims whatsoever by lien or by an action of assumpsit,” has no retroactive effect, and does not apply to the cases in which a road improvement had been completed and benefits assessed prior to the enactment of that statute.</p> <p>2. A statute must always be interpreted so as to operate prospectively and not retrospectively, unless the language is so clear as to preclude all questions as to the intention of the legislature.</p> <p>3. The Act of April 4, 1907, P. L. 40, imposes upon the owner of property a personal liability to which he was not subject before, and therefore affects rights and not merely the remedy.</p>