Philadelphia v. Street

Citations

• 41 Pa. Super. 503
• 1910 Pa. Super. LEXIS 257

Syllabus

<p>Road law — Municipal liens — Contract—Act of June 4, 1901, P. L. 364.</p> <p>1. Where a city ordinance provides for the paving of three blocks of a street, the work to be begun on one block which was ready and to progress as the others were made ready, “ the intent being that the completion of the pavement on each square shall be the completion of the improvement as authorized by ordinance,” the contractor has a right to a lien for the paving of the first block as soon as the block is finished, and he is not deprived of such lien by the fact that before he did the work he required the property owners in the block each separately to agree that they would not interpose any defense to assessments against their property based on the ground that the whole of the three blocks had not been finished.</p> <p>2. Under the Act of June 4, 1901, sec. 10, P. L. 364, where the proper officer of the proper department of the city certifies as to the date of the completion of the paving of the street, the property owner cannot resist the payment of an assessment, on the ground that the lien was not filed “within six months after the completion of the improvement,” where the date of completion stated in the certificate, showed that the lien was filed within the six months.</p>