Pennsylvania Act 1845-333 — VACATING OF LAND IN PENN TOWNSHIP COUNTY OF PHILADELPHIA

Act text

AN ACT

Vacating part of Old Masters' street or Masters' lane, in Penn township, in the county of Philadelphia, and for other purposes.

WHEREAS, It is represented to the legislature that William Masters, formerly of the county of Philadelphia, deceased, being in his lifetime seized and possessed of a large tract of land in the said county, laid out through a portion of the same a road or lane of the width of fifty feet, called Masters' lane, which road or lane by long usage is presumed to have become a public highway; and that in consequence of the laying out and opening of other streets agreeably to law, the westernmost part of the said road or lane is not only rendered useless, but its continuance would tend to retard or prevent substantial improvement; therefore,

Section 3. Treasurer to sue for taxes

The Treasurer of the County of Philadelphia, from and after the passage of this act, shall have full power and authority to enforce the payment of taxes now registered, or that may hereafter be registered in the office of the county commissioners of the said county, under the provisions of any act of assembly; and for that purpose to employ counsel, and take such other measures as may be necessary--- the counsel to be entitled to a commission of five per cent. On all moneys collected by him, in full compensation for his services in collecting the same. 1845, April 16, P.L. 495, Sec. 3.

Section 4. Where suit shall be brought

For the purpose of carrying the provisions of this act into effect the said treasurer shall have power to bring suit in the name of the County of Philadelphia, before any Alderman, Justice of the Peace or court of competent jurisdiction, against the person or persons returned and registered in the register of unpaid taxes on real estate, according to the provisions of the said act of February, 1824, and shall, upon producing before the alderman, justice or court, a certificate, such as is provided for by the fifth section of said act, obtain judgment in favor of the county for the amount of taxes due, together with interest thereon, according to the provisions of the said act, unless the defendant or defendants shall prove that the amount claimed has been paid or satisfied, wholly or in part, in which case judgment shall be entered for the defendant or defendants, or for the county, for such parts as shall remain due, which judgment shall have the same effect, to all intents and purposes, as judgments in other cases. 1845, April 16, P.L. 495, Sec. 4.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 5. Service of process

In all action, if the constable, sheriff, or other officer, to whom any writ of summons, or other original writ is directed, shall return "nihil" endorsed thereon, it shall and may be lawful for the said county treasurer to due out an alias writ, and thereupon, if the said constable, sheriff, or other office, shall make return of the said alias writ, with "nihil" endorsed thereon, the said return of two "nihils" shall be in all respects equivalent to actual service of the same, as is now the practice in cases in scire facias on judgments and mortgages: Provided however, That it shall be the duty of the said constable, sheriff, or other officer, to give notice of the said alias writ, by serving a copy thereof on the tenant in possession of the premises described in the said register, if any, or if there be no such tenant, by posting a copy of the same in some conspicuous part of the premises, at least ten days previous to the return thereof, and also by publication in one or more newspapers of the City of Philadelphia, which publication shall recite the amount of tax claimed, and the description of the real estate as set forth in said registry. 1845, April 16, P.L. 495, Sec. 5.

Section 6. County Treasurer; accounts with City Treasurer and incorporated districts

The said treasurer shall keep in his books an account of accounts with the treasurer of the City of Philadelphia, and each of the incorporated districts of the County of Philadelphia, and treasurer of the guardians and directors of the poor, and supervisors of the roads of the respective districts and townships in said county, in which he shall credit their treasurer or supervisors of roads, respectively, with the amount of taxes due to the said city, district, and township, and guardians or directors of the poor, and supervisors, respectively; and when collected as aforesaid, shall pay over to said treasurers or supervisors the sums so collected, and if the whole amount received for taxes upon any one property shall not be equal to the whole amount of taxes due thereon, the same shall be apportioned to the state, county, city, districts, guardians and directors of the poor, and supervisors, in proportion to the amount of taxes due them respectively. 1845, April 16, P.L. 495, Sec. 6.