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· 10/17/1887

Evans v. Phillipi

Citations

  • 117 Pa. 226
  • 11 A. 630
  • 1887 Pa. LEXIS 255

Syllabus

<p>1. The constitution in its prohibitions of special legislation, is prospective only, and does not effect a repeal of local statutes with inconsistent provisions in force at the time of its adoption; nor was its intent and meaning that all future legislation should be conditioned on the repeal of such local laws.</p> <p>2. A statute, general in form, is not to be treated as local or special, simply because of the intervention of some unrcpealed local statute, which prevents it from having general effect.</p> <p>3. The act of April 21,1869, P. L. 87, relating to the collection of school tax, is a local statute, inasmuch as its application is limited to such school districts within certain cities and counties as may accept its provisions.</p> <p>4. The concluding clause of § 13, act of June 25, 1885, P. L. 187, regulating the collection of taxes in boroughs and townships, does not convert that statute into a local or special enactment obnoxious to section 7, article III., or to section 1, article IX., of the constitution; said act is therefore constitutional.</p>

Judges: Clark, Gordon, Green, Mercur, Paxson, Sterrett, Trunkey

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