The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-05
MORE BOND SUITS.
Judge Bechtel Speaks Significantly In
Granting a Rule.

opodHS III
Granting Rule.
Special to EVENING HERALD.
Pottsvile, Dec. 5.-The sureties of Tax
Collector NJ. j. Scanlan, of Shenandoah. for
the year 1895. this morning made application
to Judge Bechte for a rule to open the judg
ment entered on the bond by the Borough of
Shenandoah.
The sureties are Mrs. Ellen Reilly, Thomas
Connors, Michael Pribula, G. 4. Titman,
Mary Mellet, Frank J. Brennan, NJ. NJ. Burke
and Thomas Scanlan.
The petition upon which the application is
based is a lengthy one and Tecites, among
other things of less importance, that the bor-
ough entered judgment against the bond for
the sum of Sl3, 1856 93 That the petitioners
are advised and believe that the judgment is
illegal and irregular, in so far that it is not in
accordance with the requirements and pro-
visions of the Acts of the General Assembly
in such cases made and provided. That the
duplicate for 1895 was not given, furnished
or supplied to the Tax Collector in the time
required by law, and to enable him to faith
fully and legally perform the duties of tax
collector, as required by law, until December
1896, more than year and four months after
the time he should have had it. That, as a
matter of fact. no warrant for the collection
of taxes was ever issued to the collector by
the borough or other proper authority, and
that the collector entered upon the perform
ance of his duties as best he could under the
failure of the proper authorities to supply
him with warrant to so collect and paid
thereafter to the borough taxes collected
from persons liable to pay taxes for 1895, witt
commissions exonerations and rebates
allowed, the sum of $2S 224.27, as by tn,
following statement Total amount of dupli
cate, $50, 52622.
Against which the petitioners claim credits
as follows: Amount paid in cash on accoun
of this duplicate, s23, 3,976.95 five per cent
rebate for the payments within sixty days
SS56.95 two per cent commission OF
ST., 1874 &c. S342. 40 FIVE per cent commission
on SO, S51 96. $342. so; exonerations allowed
81, ,7O5 .2s total, S2s 224.27 balance, g., ,S0l SO
five per cent penalty, S115.09; total balance
$2.417 04; five per cent commission o.
$2,417.O4, $l20 S5; net balance, S2,296.l9.
Against which your petitioners claim tina
the said NJ. j. Scanlan is legally entitled
an allowance for aged, infrm and poor pei
sons, non-residents, double assessments, etc
in a sum far exceeding above stated balance
Your petitioners are further advised an
believe that the actual cash payments mad
Dy NJ. a. luOuOy ~
taxes assessed for 1895 exceed the amour
given in the above statement; and tina
. moneys taken on the 1895 duplicate wer
wrongfully applied to the duplicate of 1885,
the exact amount of which your petitioner
are unable at present to give.
Your petitioners are further informed this
Mrs. Mary Mellet claims her signature to I'll
y 1895 bond by mark is fraud and a forger!
" and that she has instituted proceedings
the Court of Common Pleas in this county
be relieved from liability thereon, whic
said proceedings are now pending and III
), determined.
That the signature of Mrs. Mary Mell'
appears Immediately before that of Frank
Brennan, one of your petitioners that sal
Frank J. Brennan signed and executed tf
said bond upon the faith and credit an
validity of all the sureties appearing on IL
bond before his own.
That if said Mary Mellet is relieved fro
her obligation the liability of said Frank
Brennan would be increased and enlarg,
above and beyond that which he legally q
sumed at the time of the execution of Il
said bond, and would oblige him to pay mo
, than his pro rata share of any amount tn
- would be determined TO be yet due upon sa
bond if any amount whatever is d'
thereon. That he is advised, Informed al
. believes, as matter of law, that il Il
p signature of the said Mary Mellet is fIal
k and forgery, then said bond is not leg
r obligation upon said f. J, Brennan, and
:, should be relieved from any liability wht
ever.
Or The petition is signed by Frank ], Bre
nan, Michael Pribula and L Titman.
Judge Bechtel in making an order fo
| 4. 10,