146 A. 144 | Pa. | 1929
Argued April 16, 1929.
The triennial assessment made in 1922 valued plaintiff's unseated land in New Castle Township, Schuylkill County, at $256,717; upon this valuation the school board of that township levied a tax for the year 1922 at 8 mills, amounting to $2,053.74, and for the year 1923 at 10 1/2 mills upon the same valuation, amounting to $2,695.60. On appeal to the court of common pleas and later to this court (
Plaintiff bases her right to maintain her action upon the Act of April 19, 1889, P. L. 37, while defendant contends the act referred to is unconstitutional because the title fails to give notice of the statute's provision providing for return of excess payments. The title of the act is "An act authorizing appeals from assessments *46
of taxes in this Commonwealth to the court of common pleas." The legislation gives to any aggrieved owner of real estate or other taxable property the right to appeal within sixty days from the valuation of such property fixed by the county commissioners or board of revision, to the court of common pleas, and enjoins upon the court after hearing to make such orders and decrees touching the matter complained of as may seem just and equitable, "Provided, however, that the said appeal shall not prevent the collection of the taxes complained of, but in case the same shall be reduced, then the excess shall be returned to the person or persons who shall have paid the same." In cases of this character the Act of June 26, 1901, P. L. 601, provides for appeals from the common pleas to this and the Superior Court; the latter act also contains a proviso identical with that contained in the earlier statute above referred to. The constitutionality of the Act of 1889 cannot at this late day be successfully challenged, its legality has been questioned before in both appellate courts, upon the exact ground here alleged against its validity, and without exception its provisions have been sustained. In Rockhill Iron Coal Co. v. Fulton Co.,
Judgment affirmed.