Tarentum Borough v. Moorhead

Citations

• 26 Pa. Super. 273
• 1904 Pa. Super. LEXIS 303

Syllabus

<p>Municipal lien — Paving—When claim must be filed — Acts of April 23, 1889, sec. 3, P. L. 44, and June 4, 1901, P. L. 364.</p> <p>Under section 3 of the Act of April 23, 1889, P. L. 44, providing that no assessment for paving, etc., shall be a lien on real estate for more than six months from the time of the “ completion of such work,” unless a claim for the same shall be filed in the office of the prothonotary within that, time, the words “ completion of such work,” relate to the completion of the entire improvement authorized by the ordinance, and not merely the completion of the work in front of a property subject to a claim filed. The Act of June 4, 1901, P. L. 364, has no application to a case where an ordinance was adopted and most of the work done prior to the passage of the act of 1901, but not entirely completed until about a month thereafter.</p> <p>Where an ordinance of a borough was passed providing for the paving of two squares of a street, and it appears that after one square was completed there was an interruption in the work for two' years, but it did not appear that the ordinance was repealed, or that any corporate action was taken indefinitely postponing the paving of the second square, or otherwise clearly manifesting an intention to abandon that part of the improvement, a lien filed four months after the completion of the entire improvement, but more than two years after the completion of the work on the first square will be valid. In such a case neither the fact that there was an interruption in the work, nor the fact that it was done under two contracts nor both together will be sufficient without more, to make the paving of each square a distinct and separate improvement within the meaning of 'the Act of April 23, 1889, P. L. 44. .</p> <p>Municipalities — Boroughs—Ratification of unauthorized act.</p> <p>A municipal corporation may ratify the unauthorized acts and contracts of its agents or officers which are within the corporate powers and