Carrick v. Canevin

Citations

• 243 Pa. 283
• 90 A. 147
• 1914 Pa. LEXIS 615

Syllabus

<p>Real property — Title to land — Roman Catholic bishop — Trustee for congregation.</p> <p>1. A Roman Catholic bishop holding title to land for the use of a congregation has neither interest in the estate nor power to control it or direct its management; he has no duties to perform and no discretion but is simply a passive, silent depository of the legal title, without interest and without power.</p> <p>Municipalities — Assessments for benefits — Notice—Act of May 16,1891, P. L. 76 — Notice to property owner — Insufficient notice. ■</p> <p>2. The Act of May 16, 1891, P. L. 75, providing for notice hy the viewers “to all parties......upon whom assessments for benefits are made” is not complied with hy a notice addressed to a-Roman Catholic bishop as “trustee” without describing the premises to be assessed, or naming the cestui que trust, and the real owners of the property are not put on notice of the proceedings thereby.</p> <p>3. If the want of jurisdiction of a board of viewers appointed to assess benefits appears on the face of a record it may be taken advantage of at any time, but if the question of jurisdiction to assess a particular property depends upon a fact concerning the character of the property which has been found adversely to the owner, such finding will bind him in an action of scire facias upon the claim, where he has had an opportunity to he heard. When’, however, such property owner did not appear before the viewer^ and has had no opportunity to produce his defense, he may make his defense in his answer to the scire facias.</p> <p>Constitutional law — Constitution of Pennsylvania, Article III, Section 8 — Act of June h, 1901, P. L. 86h — Act of March 19, 1908, P. L. hi- • '</p> <p>4. Section 5 of the Act of June 5, 1901, P. L. 364, as amended by the Act of March 19, 1903, P. L. 41, providing in effect that places of burial not used or held for private or colórate profit shall not be subject to tax or municipal claims, except for the reeurbing, re