Erie City v. Willis

Citations

• 26 Pa. Super. 459
• 1903 Pa. Super. LEXIS 311

Syllabus

<p>Municipal lien — Assessments for benefits — Notice—Sewers—Act of May 16, 1901, P. L. 224, sec. 35.</p> <p>The provision of section 35 of the Act of May 16, 1901, P. L. 224, that whenever the cost of local improvements of any kind in cities of the third class is to be assessed upon the abutting properties, at least five days’ notice shall be given of the time and place of making the assessment, is directory and not mandatory, and if the notice is not given for the statutory time the assessment is not wholly invalid, but is merely not conclusive. The landowner may show errors and mistakes, and have them corrected on the trial of a scire facias upon the claim.</p> <p>Municipal lien — Assessments for benefits — Locality index — Sewers—Act of May Í6, 1901, P. L. 224, secs. 26 and, 27.</p> <p>The neglect of the prothonotary to enter a municipal lien for assessments in the mechanic’s lien docket, and to keep a locality index, as required by sections 26 and 27 of the Act of May 16, 1901, P. L. 224, does not invalidate a municipal lien for assessments for benefits to property as between the parties, nor absolutely bar recovery upon the scire facias issued upon the lien.</p> <p>Municipal lien — Sewers—Sufficiency of claim.</p> <p>A municipal claim for a sewer is sufficient which sets out the size of the sewer, its material, its length in front of defendant’s property, the price per foot, the length and price per foot of the house connections together with the title and date of approval of the ordinance under which the work was done.</p> <p>Municipal liens — Sewers—House connections — Notice—Act of May 16, 1901, P. L. 224, sec. 29.</p> <p>Under the Act of May 16, 1901, P. L. 224, see. 29, a property owner cannot be charged with costs of house connections with a sewer in the absence of notice to the owner, and default in compliance with the notice.</p>