The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-07-15

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or for assessments for damages. or |
benefits, and contributions lawfully |
imposed for the opening or vacation
thereof or the changing of water |
courses and of other matters that may
be subject of claim, registered in pur-
suance of this act and the laws and
ordinances of said cities in the court
of common pleas of the proper county,
or before any magistrate having iurs-
diction of the amount by an action at
law to recover general Judgment
against the owner or owners of the
property upon which assessments were
made, or proceedings thereon may be
had by scire facias similar to proceed
ings in case of mechanics lien," etc.
TWO REMEDIES.
1t will be seen that this enactment
gives the two remedies claimed by the
plaintiff, viz: THAT recovery may be
had for said claims in the court of
common pleas of the proper county, or
before any magistrate having jurisdic-
tion of the amount by an action at law
to recover a general judgment against
the owner or owners of the property
upon which the assessment is made, or
proceedings thereon may he had by
scire facias similar to proceedings in a
case of mechanics lien"
The power of the Legislature to make
the owner of the property personally
liable for such assessments as well as
making the property liable therefor can
no longer be questioned. This point
was raised in the matter of vacation
of Center street in Philadelphia. Mr..
Justice Sterritt in delivering the opin-
ion of the Supreme court in that case,
said:
while it is perhaps true that such
assessments are generally against the
property benefited, and not against
the owner thereof personally, the fact
that the legislature has authorized
them TO be made against the owner as
in this case cannot affect the constitu-
tionality Of the law The object IN
either case is to provide for a mode of
collecting the assessment and that is
wholly in the discretion of the legisla-
ture: Desty on Taxation, 2S6 assess
ment against the property itself is
only a method of compelling the owner
to pay, and thus relieve his property
from the charge of lien against it. In
some cases dicta may be found, and
perhaps decisions also 10 the effect that
assessments for benefits cannot be
made or enforced against the property
benefited, but the principle is un-
sound. AS already marked the rem
edy for the collection Of such assess
ments or taxes, as well as every other
species of tax. is a matter of legsla-
tive discretion" In re vacation of
Center street, 115 Penna. 247.
ACT HE RELIES ON.
But counsel for the defendant relies
on the Act of June 4. 1897, =. L. 116. the
eighth section which is as follows:
when the court has made it's final de-
cree confirming the said report, or fix
ing the amount of assessment in each
case, the sum thus ascertained as bene-
| fits shall, if properly filed as a munich
| pal lien, or sued within six months, be
lien upon the property assessed, and
| shall be due and payable to the treas
| urer of the proper city, borough, town
! ship, or other municipal division within
| thirty days from date of said decree,
| and the court of the proper court on
| making of such decree shall deliver to
| said treasurer a certified copy of the
| decree and report. Said assessment
| shall bear interest beginning at the
| expiration of thirty days from date Of
| said decree
If not paid within thirty days, the
| said treasurer shall deliver the same
to the city solicitor or the attorney Of
said city, borough, township or other
municipal division, who shall proceed
| to collect the same by action of as
sumpsit, or to secure the same by fill
| ing a lien therefor under the general
| law of the commonwealth in such case
made and provided, and proceeding
thereon to collect the same"
1t is contended that under this sec
| tion not only must lien be filed with
in six months, but that if an action OF
assumpsit is brought, that, too, must
be brought within six months. and that
the six months having expired before
action is brought it is too late, and
the plaintiff cannot recover. l do not
| think it necessary to say whether this
be a correct Interpretation of the Act
of 1897. That act is applicable only to
| cases of improvements then already
! completed, or in process of completion.
The title Of the act is as follows:
NATURE OF ACT.
"An act authorizing the ascertain
ment, levy, assessment, and collection
of the costs, damages and expenses of
| municipal improvements, including the
grading, or paving, macadamizing, OF
otherwise improving of any street, lane
or alley, or parts thereof completed
or now in process of completion, and
also the damages, costs and expenses
of construction of any sewer completed
or now in process of completion, and
authrizing the completion of any such
improvement"
And the body of this statute enacts
that whenever heretofore any city
borough or township, or other munich
pal division of the state has by any
act benefited" etc. My attention ha:
also been called to the Act of July PC
1897, +. L. APO, entitled "An act relat
ing to municipal claims, and liens, ant
proceedings thereof" This act obvi
ously relates only to cases wher,
claims have been filed as liens. My at
tention has not been called to an,
other statute relating to the question
before me.
am of the opinion that the plain
tiff is entitled to recover the assess
ment in question by an action in as
sumpsit, and in pursuance of tn
agreement of the parties, direct judg
ment to be entered I'm favor of tn
plaintiff in the sum of $3006.
This opinion coming at this time i
of great service to the city. There ar
thousands of dollars Of defective cit
liens entered up against properties an
during the last few months the cour
has stricken off large number of then
: Suits can now be brought and tn
! amounts collected where action is no
barred by the statute of limitations.
There are in ali probability $1,000
of defective liens against properties q
this city exclusive of those affected b
the failure to file liens in the Mort
Scranton and South Scranton sewC
cases.
TO RESUME WORK.
Contractor OHara will at once rc
sumo work on Section G Of the Fift
: sewer district, City Solicitor Vosbur
| hoe prnpara1 a panar aud b,r otto oh a,