McKeesport Borough v. Fidler

Citations

• 147 Pa. 532
• 23 A. 799
• 1892 Pa. LEXIS 886

Syllabus

<p>Sewer assessments — Tax.</p> <p>An assessment by a municipality for the cost of building a sewer is a tax: Olive Cemetery Co. v. Phila., 93 Pa. 129; Erie v. Church, 105 Pa. 278.</p> <p>Collection of sewer assessments — Statutory authority.</p> <p>A sewer assessment, being a tax, cannot be collected as an ordinary debt by a common law action, unless such remedy is given by statute: Lane Co. v. Oregon, 7 Wall. 71.</p> <p>Boroughs — Assessments—Assumpsit—Act of May 24, 1874.</p> <p>The act of May 24, 1874, P. L. 479, incorporating McKeesport Borough gave to the borough council the right to construct sewers, and to make assessments upon the properties benefited, and provided that the assessment “ shall be a lien upon tbe property upon which, it shall be made, and, after public notice, if not paid within thirty days, the amount of said assessment, with five per cent added thereto, shall be collected by the solicitor of said borough.” Held, that the act did not authorize the collection of the assessment by an action of assumpsit.</p> <p>Lien — Bight to file.</p> <p>A borough has no authority to file a lien for a sewer assessment where the statute simply directs that the assessment shall be a lien on the property, but gives no specific right to file it.</p> <p>Constitutional law — Due course of law — Art, IX, secs. 9, 11 of constitution.</p> <p>Hot decided whether the act of May 24,1874, incorporating McKeesport Borough, by failing to provide for notice of sewer assessment, or a hearing before any tribunal, violates article IX, secs. 9 and 11 of the constitution, prohibiting the taking of properly without due course of law.</p>