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· 7/23/1905

Scranton City v. Stokes

Citations

  • 28 Pa. Super. 434
  • 1905 Pa. Super. LEXIS 217

Syllabus

<p>Municipal liens — Procedure—Scire facias — Acts of June 16, 1836, P. L. 695, May 23, 1889, P. L. 277, May 16, 1891, P. L. 69, and June 4, 1901, P. L. 364 — Statutes—Repeal.</p> <p>The Act of June 4, 1901, P. L. 364, which created a new and complete system for the collection of municipal claims is retroactive in effect, and does not repeal the Act of May 16, 1891, P. L. 69, as to municipal claims which accrued before the approval of the act of 1901. The reason for this is found in the language of the latter act and the fact that claims theretofore filed did not conform in all respects to its requirements.</p> <p>A writ of scire facias issued after the passage of the Act of June 4, 1901, P. L. 364, and conforming to the procedure therein prescribed cannot be issued to enforce the collection of a municipal claim for paving which had accrued and been assessed prior to the passage of the act of 1901.</p>

Judges: Beaver, Henderson, Lady, Morrison, Porter, Rice, Smith

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