Pennsylvania Act 1939-205 — VALIDATING MUNICIPAL CLAIMS

act-1939-0-2051939 Pa. Act 205Law

Act text
VALIDATING MUNICIPAL CLAIMS
                 Act of Jun. 15, 1939, P.L. 348, No. 205              Cl. 53
                                  AN ACT

     Validating certain municipal claims of cities and boroughs,
        incorporated towns, and townships, where not filed within the
        time specified by law; and validating amicable writs of scire
        facias to revive municipal claims, entered by such political
        subdivisions, where more than five years have elapsed since
        original claims were filed or a prior revival thereof made.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Whenever any city, borough, incorporated town, or
     township has heretofore failed to file in the office of the
     prothonotary of the county any municipal claims assessed on any
     property within six months after the completion of the
     improvement, as required by law, whereby the lien of such claims
     was wholly lost, such claims shall be and the same are hereby
     ratified, confirmed, declared valid and to be a lien on such
     property, together with all charges, expenses and fees added
     thereto for failure to pay promptly, if such claims shall be
     duly entered and filed in the office of the prothonotary, in the
     manner provided by law for the filing of municipal claims, at
     any time within six months after the effective date of this act;
     or whenever any city, borough, incorporated town, or township
     has heretofore filed in the office of the prothonotary of the
     proper county an amicable writ of scire facias to revive any
     municipal claim and such writ of scire facias shall not have
     been filed within the period of five years from the time the
     original claim was filed, or within five years after any prior
     revival of such claim, then, in any such case, such action in
     filing such amicable writ of scire facias is hereby ratified,
     confirmed, and made valid, notwithstanding that the same was not
     filed within the time required by law and that the lien of such
     municipal claim was lost, and the lien of any such municipal
     claim shall be deemed revived from the date such amicable writ
     of scire facias was filed in the office of the prothonotary, and
     such lien may be proceeded upon, further revived, and collected
     as provided by law: Provided, however, That the lien of any such
     municipal claim shall not reattach against any property
     transferred to any purchaser during the time the lien of the
     same was lost: And provided further, That where any other lien
     shall have attached to any such property during the period when
     the lien of the municipal claim was lost, such other lien shall
     have priority over such municipal claim.
        Section 2.  This act shall become effective immediately upon
     its final enactment.

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