XXVI. Meadow banks.

P. L. 250.

654. It shall be the duty of the [commissioner of highways] upon complaint 25 March 1848 § 1. made to him by any person or persons owning property fronting upon such river, or liable to be damaged by the overflow of the same, that said banks or any part Repair of meadow thereof, are out of repair or in a ruinous, unsafe, and insecure condition, to give banks. notice forthwith, to the owner or owners of such part or portion, to repair the same Notice. within forty-eight hours after such notice, which said notice shall be given to the owner or reputed owner thereof, or if such owner is unknown and cannot be found, then by posting the same on a conspicuous part of such bank so out of repair and insecure; and in case such owner or owners shall neglect or refuse to cause such repairs to be made, within the time aforesaid, or the same shall be defectively or insecurely done, it shall be the duty of such [commissioner] to cause the said banks to be well and thoroughly repaired, and rendered safe and secure; for which purposes [he] shall have full right and authority to enter into and upon such banks, and the premises thereto adjacent; and after said repairs are so done, [he] shall Lien. enter the same as a lien against the said premises and the owners or reputed owners thereof, which said lien shall have the priority over all other liens, charges, taxes and incumbrances whatever: Provided always, That such lien shall be filed within six months after the date of such repairs, in the name of such [commissioner] in the corporate name of [said city], and the same shall be recovered by an action of scire facias, in manner and form as district liens in said county are now recoverable: And provided further, That upon the trial of such action, the said defendant shall only be permitted to aver and prove in defence, that the said lien, in whole or in part, has been paid since the same was filed, and that all matters necessary for a recovery, on the part of the plaintiffs, shall be considered as proved by the production of the lien and scire facias thereon, at the time of

trial.

XXVII. Municipal claims. (n)

(1.) Of the claim.

provements.

655. In all cases where the expense of paving or curbing any public or private 23 April 1829 § 4. street, court or alley, or any part thereof, in the city of Philadelphia, or of laying P. L. 802. the footways of the same, or the expense of such repairing or relaying the pave- Real estate liable ments, curbs or footways of such street, court or alley, or parts thereof, is, or shall for municipal imhereafter, by act of assembly or ordinance of said city, be made to be legally chargeable in whole or in part against the owner, occupier or person having charge of real estate adjoining, fronting or bordering on such street, court or alley, and where expense shall, by reason of the default of such owner, occupier or other person, have been incurred or borne by the mayor, aldermen and citizens of Philadelphia, in all such cases such real estate shall be held liable and subject to the mayor, aldermen and citizens of Philadelphia, for the payment of all expenses so by them incurred or borne, together with the penalties and costs by law provided; and it Lien may be filed. shall be lawful for them to file their lien(o) for the same in the court of common pleas for the city and county of Philadelphia, and the lien hereby created shall have priority to, and shall be fully satisfied and paid before any recognizance, Priority. mortgage, judgment, debt, obligation or responsibility which the said estate may become liable to, from and after the passage of this act, and the mayor, aldermen and citizens aforesaid shall be, and they are hereby authorized to collect the amount Collection. of such lien in like manner as money due on judgments may now be recovered by

(n) See tit. "Municipal Corporations."

(0) A municipal claim must state the demand with precision, or it will be stricken off. Moyamensing v. Flanigan, 3 Phila. 458. As to what is sufficient precision, see Philadelphia v. Wood, 4 Ibid. 156. Philadelphia v. Sutter, 3 P. S. 53. Schenley v. Commonwealth, 36 Ibid. 29, 64. The bill of particulars annexed to a municipal claim becomes part of it. Wilrert v. Sunbury, 32 Sm. 57; 28 L. I. 357. The claim may be amended with a saving of intervening rights. Philadelphia v. Wagner, 9 W. N. C. 511. Philadelphia v. Uber, 1 W. N. C. 160. See infra, pl. 658. The form of a claim by the board of health for removing a nuisance is regulated by the mechanics' lien acts in force prior to 1836. Kennedy v. Board of Health, 2 P. S. 366. Board of Health v. Hubert, 1 Phila. 280. A municipal claim for the expenses of removing a nuisance need not state when the work was done. Philadelphia v. Gratz Land Co., 38 P. S. 359. In a claim for abating a nuisance, the want of a statement of the items of work and materials is not ground for striking it off. Philadelphia v. Van Vrankin, 39 L. I. 402. A lien cannot be filed for the removal of a nuisance caused by the act of the corpo

ration itself. Philadelphia v. Edwards, 2 W. N. C. 182.

Under the act 20 May 1871, P. L. 1032, the claim is prima facie evidence of the facts therein set forth. Smith v. Allegheny, 92 P. S. 110. S. P. Philadelphia v. Esau, 10 Phila. 425. Watson v. Philadelphia, 93 P. S. 111. A municipal claim can only be stricken off for some defect apparent upon the face of the record. Mere matters of defence must be taken at the trial. Borough v. Gilmore, 15 W. N. C. 343.

A claim for a municipal assessment not filed within six months from the completion of the work creates no lien. Pittsburgh v. Knowlson, 92 P. S. 116. Under the act 1 April 1870, P. L. 751, an assessment for a municipal improvement is a lien upon the property benefited, though not filed within six months; but not a first lien unless filed within that period. Lofink v. Allegheny, 5 W. N. C. 46. A claim filed against an "" estate will support a scire facias with a suggestion of the name of the present actual owner. Philadelphia v. Wistar, 10 W. N. C. 275. An entry of satisfaction made by mistake of the city solicitor will be vacated. Philadel phia v. Thomas, 9 W. N. C. 240.

66

P. L. 302.

28 April 1829 § 4. a writ of scire facias framed to meet the case: Provided, That on the trial of any such scire facias suit, the merits of the claim may be tried under such rules and regulations as said court may adopt: And provided also, That no property other than that subject to such lien shall be taken or sold to satisfy the same.

16 April 1840 § 9. P. L. 412.

Claims to be filed in the prothonotary's office.

Lien.

Ibid. § 10.

Scire facias.

656. It shall and may be lawful for the commissioners and inhabitants of the district of Southwark, and also for the commissioners and inhabitants of any of the other incorporated districts and townships within the county of Philadelphia, to file of record in the office of the prothonotary of the court of common pleas for the county of Philadelphia, all claims and demands due to the said commissioners and inhabitants of any of the said incorporated districts or townships, for pitching and paving streets and alleys, for digging down, filling up, and for curbing, paving and repairing any footway within the same; and also for building culverts and laying down iron pipes within the same, and also to file and enter in the offices aforesaid.

657. The said commissioners and inhabitants of the district of Southwark, and also the commissioners and inhabitants of any of the other incorporated districts Contents of claim. and townships within the county of Philadelphia, shall, in filing their claims for debts contracted as aforesaid, and remaining due and unpaid, set forth in the same the name of the owner or reputed owner of the premises against which their claims are filed, and, as nearly as may be, an accurate description of the real estate against which the same is filed, and where the said real estate is situate, which said claim shall be and remain a lien against the estate, and the said commissioners and inhabitants shall be authorized and empowered, at any time after the filing of the claim, to proceed to recover the amount thereof by writ of scire facias against the real estate upon which it is a lien, which said writ of scire facias shall be served and proceeded upon to judgment and execution, in the same manner as is now provided for by law for mechanics and material-men, in the act of assembly of this commonwealth, passed the sixteenth day of June, Anno Domini one thousand eight hundred and thirty-six, entitled "An act relating to the lien of mechanics and others upon buildings:" Provided, That no property owned by minors shall be sold under the provisions of this act until the expiration of two years from the time the said minor shall have become of age.

21 April 1858 § 9. P. L. 387.

Amendments.

22 March 1869 § 1.

P. L. 477.

Appointment.

31 March 1864 § 1. P. L. 171.

Prothonotary to keep a locality index.

Searches.

on such index.

658. Municipal claims for taxes, liens, public assessments or charges may be amended at any time before or at the trial, on notice given defendant under rule of court: Provided, That if made on the trial a continuance may be granted by the court on the application of the defendant.

659. In all cases in which a claim for taxes or other municipal claim shall have been, or may hereafter be filed against any lot or piece of ground, whether improved or unimproved, by the city of Philadelphia, and it shall appear by affidavit of claimant or defendant or other proper evidence that said lot in fact consists of two or more lots belonging to different persons, the proper court shall permit and require the claim, whether before or after any partial payment thereof, to be so awarded and apportioned, that a due proportion thereof, and no more, shall be charged against and recovered from the several lots included in the claim as originally filed; and upon the payment of any part of a claim so apportioned, the court may direct a satisfaction pro tanto of such claim to be entered of record by the city solicitor: Provided, That nothing herein contained shall in any way affect or impair the validity of any such claim upon the remainder of such lot or lots.

(2.) Locality index.

660. It shall be the duty of the prothonotary of the court of common pleas of the city and county of Philadelphia to keep a locality index, in which shall be registered the street front of real estate, against which claims are, or shall be, filed, to enforce liens for taxes, municipal work, or of mechanics and material-men; said index to state the amount of feet front of said real estate, with the determining distances as they may be stated in said claims; said prothonotary shall receive, in addition to the fees allowed by existing laws, the sum of twenty-five cents for each claim filed, to defray the expenses in keeping said index, which said sum shall be included in the costs, and collected as such; it shall be the duty of said prothonotary to give certificates of search of all claims filed, as they shall be required by any written order therefor, in which the property shall be described; for which certificate for each property he shall receive the sum of forty cents, inclusive of the stamp required by any act of congress, and no more.

16 Feb. 1966 § 1. 661. It shall be the duty of the prothonotary of the court of common pleas, of P. L. 50. the city and county of Philadelphia, to place on the locality index, authorized to What to be placed be kept by him, by the act to which this is a supplement, the street front of real estate against which writs of scire facias shall issue, to enforce the collection of any claim filed for taxes, municipal work, or of mechanics and material-men; said prothonotary shall receive in addition to the fees allowed by existing laws the sum of twenty-five cents for each writ of scire facias, to defray the expense in indexing the same, which said sum shall be included in the costs, and collected as such.

662. The fee to the prothonotary, for filing, docketing and indexing each claim 11 March 1846 § 9.. P. L. 115. for taxes or liens, and transcripts of judgments therefor, in the city and county of Fee of prothonoPhiladelphia, shall be twenty-five cents. tary.

(3.) Extent of lien.(p)

663. No debt, charge or assessment, for work hereafter done, or materials fur- 16 April 1845 § 2. nished by or under the authority of the board of health or any municipal corpora- P. L. 488. tion, shall be a lien on real estate for more than six months from the time of doing Lien to continue such work, unless a claim for the same shall be filed in the office of the prothono- but six months untary of the proper court within that time, nor shall the same continue a lien longer than five years from the time of filing the claim, unless revived by scire facias, in the manner provided by law in the case of mechanics' claims. (q)

664. The lien of such claims shall not be divested by any judicial sale, as respects so much thereof as the proceeds of such sale may be insufficient to discharge and pay.(r)

(4.) Proceedings.

less claim be filed. Five years unless revived.

11 March 1846 § 6. P. L. 115.

Judicial sales.

665. In the city and county of Philadelphia all writs of scire facias on claims 11 March 1846 § 8. for taxes, municipal charges and assessments, and for expenses of removing P. L. 115. nuisances, shall be served(s) by the sheriff of the said county, by posting a true Scire facias to be and attested copy of the writ on a conspicuous part of the premises therein served by posting and publication. described, and by publishing a brief notice thereof in a daily newspaper in said county twice a week for two weeks(t) before the return-day; on which service being made, the plaintiffs in such suits may proceed to recover judgments, as in suits on mechanics' liens.

Ibid. § 4.

666. Such claims may, in suits thereon, be read as evidence(u) of the facts therein set forth; and no plea alleging non-joinder, or misjoinder of parties; no Claim to be eviplea averring want of notice to remove nuisances; no plea touching the rates or dence. proportions of contribution among parties jointly interested; nor any plea touch- Pleading. ing the question of ownership shall be allowed in any such action.

Ibid. § 5.

667. In all writs of levari facias on such claims, the sheriff's handbills and advertisements shall contain at the foot thereof a memorandum, setting forth the Levari facias. name of the party plaintiff, and the nature and character of the claim; in default whereof the sale under such writ may be set aside by the court.

P. L. 303.

search for owner

668. All laws and parts of laws, requiring the advertisement before suit brought, 28 March 1866 § 1. of municipal claims of every description, so far as said requirements are concerned, are hereby repealed, and in lieu thereof and as a sufficient substitute Advertising not retherefor, it is hereby declared that before any scire facias shall be issued on any quired. such claim it shall be the duty of the city solictor to cause diligent search to be City solicitor to made by the assistant or clerk, for the owners or reputed owners, of all real estate and notify him to against which there has heretofore been, or may hereafter be filed, any claim in pay. the name of the city of every kind, and to serve him or her with a written or printed notice to make payment to the city solicitor within ten days.(v) 669. If said claims are not paid within said time they shall be sued out by the city served by posting solicitor, and the writs of scire facias (w) shall be served by the sheriff, by advertising and advertising. and posting, as now by law required.

(p) By the act 11 March 1850, § 4, P. L. 165, it was enacted that exemption from taxes should not extend to pitching, paving and laying of water-pipe in front of exempt properties. See also the act 15 April 1850, P. L. 469.

(q) The lien of a municipal claim expires at the end of five years, unless a scire facias thereon be prosecuted to judgment within that period; the issuing of an intermediate scire facias will not preserve the lien. Philadelphia v. Scott, 93 P. S. 25. After five years the lien of a judgment on a municipal claim cannot be revived by scire facias. The lien can only be preserved by a revival within each recurring period of five years. Church v. Sunderland, 16 W. N. C. 392. A municipal claim must be revived within each recurring period of five years. Otherwise it is lost. Church v. Philadelphia, 108 P. S. 466. See also City v. Ward, 16 W. N. C. 76. See Philadelphia v. Theis, 12 Ibid. 239. Scire facias sur municipal claim will not be allowed to stand as a scire facias to revive the lien if it be improperly issued. The lien will fall with it. City v. Hanbest, 15 Ibid. 349.

(r) A municipal assessment has priority of lien over mechanics' claims and judgments. Pennock v. Hoover,

5 Rawle, 291.

(8) The sheriff's return must show that the writ was served in the manner prescribed by this act, or the return will be set aside. City v. Pepper, 42 L. I. 246.

(t) Where the writ was posted less than two weeks, a judgment and judicial sale were held to cure the defect. McConnel v. Gates, 4 Penny. 377.

Ibid. § 2. On refusal to pay, scire facias to be

(u) A statute allowing a municipal claim to be read in evidence, in an action thereon, is constitutional. Northern Liberties v. St. John's Church, 13 P. S. 104.

(v) Preliminary notice to the owner to pay is indispensable before issuing a scire facias. City v. Hanbest, 15 W. N. C. 349.

(w) The title of an owner cannot be divested by proceedings on a municipal claim, unless the provisions of the statute be strictly complied with. O'Byrne v. Philadelphia, 93 P. S. 225. Philadelphia v. Donath, 9 W. N. C. 415. City v. Ward, 14 Ibid. 174. Where, however, the law affords ample provision for the notification of the lot-owner of assessments, a further thirty days' notice required by ordinance was held a mere matter of grace, and its omission did not relieve from payment of the assessment. Winter v. City, 15 Ibid. 329.

A contractor who has made a special agreement with a property-owner as to the price of his work cannot recover beyond it. Philadelphia v. Devine, 35 L. I. 171. In an action on a paving claim, a sample of the kind of stone used, taken from the same quarry, is admissible to show the inferiority of the work. Philadelphia v. Rule, 93 P. S. 15. The board of health, in a suit upon a claim for the removal of a nuisance, must prove the gist of the action, to wit, the doing of the work. Board of Health v. Pennock, 1 Clark 323.

23 March 1866 § 2. P. L. 303. Judgment by default.

Ibid.

670. Before any judgment by default shall be entered therein, the court shall be satisfied by an affidavit, to be filed of record, of the following facts:

671. First, that if the owner, or reputed owner, has any known residence in the said city, he has been served before suit brought with notice of said claim in writWhere owner has ing or printing, either by handing the same to him personally, or by leaving the same with an adult member of his family at his said residence, at least ten days before issuing said writ of scire facias.

known residence

in city.

Ibid.

Where he has an ascertained resi

672. Second, that if the owner, or reputed owner, has no known residence in the said city, but upon making inquiry for him, in the manner hereinafter directed, it has been ascertained that he has a certain residence outside of said city, then said dence outside the affidavit shall state that at least fifteen days before suit was brought, notice of said claim was mailed, post-paid, and directed to said owner, or reputed owner, at his said address outside of said city.

city.

Ibid.

Where the name and address of

ascertained.

673. Third, if said affidavit shall state that the name and address of the owner, or reputed owner, could not be ascertained, then it shall appear by such affidavit, that before suit was brought, the following efforts to serve said notice were made: owner could not be that the premises liened were visited by the deponent, and if the same were occupied by an adult, that notice of said claim was served upon said adult, and inquiry made for the owner, or reputed owner; if said premises were unoccupied, or the inquiry made thereon was fruitless, the affidavit shall further state that the deponent served a notice of said claim on said property, by affixing the same to any post, tree, fence or structure thereon; and that he made inquiry for the reputed owner of the occupant of the nearest dwelling, and of the nearest ward assessor; and if said inquiries have been also fruitless, that he served notices of said claim upon such assessor, who shall forthwith report the same to the board of revision, to be there filed alphabetically, according to the different wards, for the information of all whom it may concern; and if such inquiry shall ascertain the name of the true owner, he shall have notice as aforesaid, and his name shall be suggested on the record, and he or she be made a defendant in any suit to be brought for such claim.

Ibid.

Commissions to city solicitor.

10 June 1881 § 1. P. L. 91.

Service of scire

facias by posting and publication, where the registered owner is a non-resident and cannot be found in the city.

21 Feb. 1862 § 1. P. L. 44.

Notice to issue scire facias.

674. There shall be paid to the city solicitor, as cost, five per centum upon said claims, to reimburse him for carrying into effect the provisions of this act, which percentage shall be in lieu of all costs, heretofore and now chargeable for advertising claims and liens, before suing them out; and in lieu of all percentage and commissions of all kinds whatever, now allowed or charged on any claim of whatsoever nature, filed in the name of the city, and all municipal claims of every kind, whether to use or otherwise, shall be filed by the city solicitor. This act shall apply to all claims and liens, of whatsoever kind, filed, and to be in the name of the city, whether to use or otherwise.(x)

675. Whenever it shall be made to appear, by affidavit filed of record, that, after diligent search and inquiry, the registered owners of any real estate, against which any municipal claim has been or may be hereafter filed as a lien, by or in the name of any city of the first class, are non-residents of such city, or cannot be found therein, it shall and may be lawful for the sheriff, to whom any writ of scire facias for the collection of any such claim is directed, to proceed to "make known" the same by posting a true and attested copy of said writ on a conspicuous part of the premises therein described, and by publishing a brief notice thereof in a daily newspaper within said county twice a week for two weeks before the return-day (the sheriff's cost for such service not to exceed three dollars in each case); and such posting and publication shall be equivalent in all respects to a personal service of said writ on such registered owner or owners; which posting and publication being made, the plaintiff may proceed to recover judgment in default of an appearance or affidavit of defence, and the facts set forth in the said affidavit hereby required to be filed shall be conclusive for the purposes of the case, as to the nonresidence of the defendant or registered owner: Provided, That notice of the intended issuance of such writ of scire facias shall be given to all registered or reputed owners of such real estate, in accordance with the act of assembly approved March twenty-third, Anno Domini one thousand eight hundred and sixty-six.

676. Whenever a claim shall be filed in the name of the city of Philadelphia for any charge or assessment for curbing, paving, grading, laying of water-pipes, or any other municipal debt or demand whatever, it shall be lawful for the person against whom or whose land said claim is filed, or who is entitled to take defence thereto,

(x) In the event of the property being duly registered, the act 29 March 1867, supra pl. 378, provides that no such property "shall be subject to sale for taxes or other municipal claims, thereafter to accrue as a lien of record thereon, except in the name of the owner as returned, and after recovery by suit, and service of the writ on him, made as in case of summons. A judgment for want of an appearance, upon a service by advertising and posting, is good against the defendant's vendee, although the defendant's name was duly registered as owner. City v. Fraley, 18 W. N. C. 508. Notwithstanding the acts

for the registration of deeds in Philadelphia, a claim against "unknown owners" is valid. City v. Unknown, 11 W. N. C. 325. But a sale for taxes, without service of process upon the registered owner, as required by the act 29 March 1867, confers no title on the purchaser. Simons v. Kern, 92 P. S. 455. And see O'Byrne v. Philadelphia, 93 Ibid. 225. Philadelphia v. Katz, 8 W. N. C. 502. Property registered as belonging to "Jane Belford" cannot be sold under a lien against "J. Bedford." Green v. Belford, 4 Penny.

65.

to give notice, in writing, to the counsel of record or person, if any, for whose use the same is filed, or if there be no such counsel or person, to the solicitor for said city,(y) requiring him to issue a writ of scire facias thereon to the next monthly return-day, which shall be at least fifteen days from the date of said notice; and if no such writ is issued, the court, in which said claim is filed, may and shall, on motion and due proof of such notice, strike said claim from the record.

21 Feb. 1862 § 1.

P. L. 44.

Ibid. § 2.

677. Any person entitled to take defence to said claim may, at any time after the same is filed, pay into court the amount thereof, with a sum sufficient to cover Claim may be paid interest and costs, to abide the event of any proceedings thereon, and thereupon into court. said claim shall cease to be a lien upon any land, and shall be stricken from the judgment index.

P. L. 342.

678. In all actions, whether by scire facias or otherwise, now pending or which 19 April 1843 § 1. may hereafter be brought by the commissioners and inhabitants of the incorporated districts of Philadelphia county for the recovery of any sum claimed for water- what must be pipes, curbing, paving, work done and materials furnished, and for which the said proved on the districts now by law have a lien, it shall only be required to be proved by said dis- trial. tricts, to entitle them to recovery on the same, that the said work was done, or the materials furnished, and the just value thereof; and upon any such trial it shall only be lawful for the defendant to deny that the said work was done or materials furnished, or prove that the price charged therefor is greater than the value thereof, or that the amount claimed has been paid or released.(z)

(5.) Sheriffs' sales.

31 Jan. 1862. P. L. 9.

P. L. 489.

679. No sales shall take place for any [registered taxes, municipal claims, assessments for removing nuisances, or other charge of the city (Philadelphia), assessed on real estate] except on the first Mondays in April, July, October and When sales to take January.(a) place. 680. The lien of a mortgage upon any real estate, situate in the city or county 16 April 1845 § 4. of Philadelphia, shall not be destroyed, or in any way affected, by any sale of the mortgaged premises under a subsequent judgment (other than one entered upon a Effect on lien of claim, which was a lien on the premises prior to the recording of such mortgage), mortgage. by reason of the prior lien of any tax, charge or assessment whatsoever, but the same shall continue as if such prior lien did not exist, where, by existing laws, the lien of such mortgage would otherwise continue: Provided, That the continuance of the lien on such mortgage shall not prevent the discharge of such prior liens for taxes, charges or assessments, by such sale, or the satisfaction thereof, out of the proceeds of such sale.

P. L. 686.

681. The lien of a mortgage upon any real estate situate in the city or county of 23 Jan. 1849 § 4. Philadelphia shall not be destroyed or in any way affected by the sale of the mortgaged premises under or by virtue of any process to enforce the payment of any Mortgage not to be tax, claim or assessment whatsoever, which by existing laws may be a lien on said discharged unless real estate, unless said sale shall be made under a judgment obtained upon a claim tiated before mortwhich was duly registered in the proper office prior to the recording of such mort- gage was recorded. gage.

claim was nego

Ibid. § 5.

Ground rents not

CS2. The estate which may be held in a ground-rent in fee, issuing out of any real estate in the city or county of Philadelphia, shall not be divested by the sale of the lands out of which said ground-rent may issue, for the non-payment of any to be divested. tax, charge or assessment imposed on said real estate; but said ground-rent shall be assessed as a distinct estate, and payment of any tax or assessment imposed thereon shall be enforced in like manner as in other cases of real estate.

(6.) Redemption.

13 May 1856, § 11, P. L. 569.

683. All sales for registered taxes, municipal claims, assessments for removing nuisances, or other charges by the city, assessed on real estate, shall be subject to All sales subject to redemption within redemption(b) by the owner at any time within two years from the date of the two years.

(y) What is a sufficient notice to the city solicitor to proceed upon a claim. Philadelphia v. Wood, 9 W. N. C. 347. Under this act the city cannot be compelled, by notice, to issue a scire facias upon a claim for registered taxes. Philadelphia v. Schellinger, 38 L. I. 392. (z) The act 27 June 1883, § 4, P. L. 161, providing for the revival of the lien of a municipal claim, was held to be unconstitutional in City v. Church, 115 P. S. 291.

(a) The first section of the act 25 March 1871, P. L. 1156, entitled "An act relative to the advertisement of claims, &c., in the city of Philadelphia," enacted that so much of that act passed on the 31 January 1862, as confines the sales for taxes in the city of Philadelphia to the first Mondays of April, July, October and January be and the same is hereby repealed; and hereafter sales for taxes may be made at any of the regular sales by the sheriff of the city and county of Philadelphia. The second section provided for the appointment of two persons to audit the books of the

receiver of taxes and collector of delinquent taxes for the years 1870, 1871 and 1872. This act is said to have been declared, in an unreported case, to be unconstitutional as in violation of the second amendment of 1864 to the constitution of 1838, which provided that "No bill shall be passed by the legislature containing more than one subject, which shall be clearly expressed in the title, except appropriation bills." The first section has certainly never been acted under, and the wholesome provisions of the second section were never carried out.

A sale under a municipal claim, filed against an "unknown owner," passes the title, though the owner resides on the premises. Emrick v. Dicken, 92 P. S. 78. White v. Ballantine, 96 Ibid. 186. The issuing of a scire facias on a municipal lien, where a fieri facias was directed, was held not to destroy the effect of the sheriff's sale. Duff v. Tiers, 15 P. L. J. 248.

(b) A sale under a municipal claim only confers a