8 A.2d 494 | Pa. Super. Ct. | 1939
Argued May 3, 1939.
Another phase of this case was previously before this court inMalick's Petition,
The court below permitted a mortgagee of three of the lots to intervene in the original proceeding, and, without passing upon the validity of the liens as between the county and the petitioners, declared them invalid as against the mortgagee. We held this procedure was erroneous and remitted the case to the court below to the end that the primary issue raised by the original petition and the county's answers thereto — whether there had been a valid revival as against petitioners of the liens — might be first determined. See Malick's Petition, supra.
Pursuant to the directions of this court, the court below proceeded to an adjudication of that issue. It held that, by virtue of an act approved July 2, 1937, P.L. 2750, and effective on that date, 53 P. S. § 2037c, (validating any county tax liens not revived every five years if the county should, within six months after its final enactment, take certain steps therein prescribed), and the proceedings taken by the county thereunder, the liens had been revived as against the Malicks. The rule to strike them off was discharged and the present appeal by the petitioners is from that action.
Stated briefly, the main and only contention of the present appellants is that the validating act, effective July 2, 1937, cannot lawfully be applied to the liens in question because their petition to strike them off was filed on June 18, 1937 — fifteen days before the act became effective.
In their petition appellants set forth that the county in 1917, 1918, 1924, 1926 and 1929 filed tax liens against the four lots acquired by them in 1909 and 1910, for taxes allegedly due for the years 1914, 1915, 1922, 1923 and 1926, respectively. They further averred that a *141 period of more than five years had elapsed after the last previous revival and before a subsequent revival was sought as to the first four liens, and a like period had expired after the date of the filing of the fifth, without any suggestion of nonpayment and averment of default.
The county's original answer, filed September 7, 1937, admitted its failure to revive the liens, but averred they had been "ratified, confirmed and validated" under the above cited curative legislation.
Omitting a proviso to the effect that unrevived liens should not "reattach" against real estate transferred, or take priority over liens which gained priority, during the time the tax lien was not revived, the Act of July 2, 1937, P.L. 2750, supra, reads:
"Whenever any county has heretofore filed, in the office of the prothonotary of the proper county, any tax lien or tax liens, and the said county has not, within the period of five years after the date on which any such tax lien was filed or last revived, filed a suggestion of nonpayment and an averment of default to revive the same, then, in any such case, any such county may, within six months after the final enactment of this act, file a suggestion of nonpayment and an averment of default on any such tax lien for the revival thereof; and such suggestion of nonpayment, and averment of default so entered, shall constitute a valid revival of such lien, and be a lien upon the real estate upon which it was a lien at the time the lien was first filed, and said lien may be revived or further revived and collected as other tax liens are revived and collected: . . . . . ."
The county's amended answer, filed September 9, 1937, averred the valid revival of each of the liens under that legislation by the filing of suggestions and averments of nonpayment of said taxes in the office of the Prothonotary of Allegheny County on September 7, 1937.
In our opinion the validating act applied and was *142
effective even though it was not approved until after appellants' petition had been filed. We are not unmindful of the rule that statutes generally will not be construed as applying retroactively unless a clear intention that they shall be so applied is apparent: Farmers N. Bk. Tr. Co. v. Berks Co. R.E.Co. et al.,
In Borough of Huntingdon v. Dorris,
In Swartz v. Carlisle Borough,
As stated, appellants' principal ground of attack is *145 that the Act of 1937 cannot be applied retroactively to the extent of affecting pending litigation. They assert the act cannot apply because their petition preceded its effective date by fifteen days.
If the act be constitutional as applying retroactively to defective statutory liens, its application to pending litigation is, a fortiori, constitutional. If appellants had no vested right, protected by the constitution, to hold their lots free from the imposition of county taxes before filing their petition to strike off the liens, clearly the act of filing it did not create in them any such right.
When we consider the obvious purpose of the act, as well as its express language, we think it plain that the legislature intended it to apply to pending proceedings of the type here involved. In line with their plain purpose, curative or remedial statutes, such as the act here attacked, are held generally to apply to pending litigation. As stated in 59 Corpus Juris, page 1179, Section 714: "Curative statutes, by reason of their remedial and retrospective nature, are applicable not only to past transactions generally, but also to cases pending in the trial court." See Bleakney v. Farmers and Mechanics' Bank ofGreencastle, 17 Serg. R. 64.
Fundamentally, we are here dealing with the taxing power of the county. It lawfully imposed the taxes in question and filed liens against the lots, but, through its failure to comply with prior statutory regulations relative to keeping those liens alive, lost its remedy for collection of the taxes. The legislature has merely provided a new remedy for reviving and collecting the lost liens as against the persons still owning the real estate upon which the long overdue taxes were assessed, and at the same time protecting purchasers who bought, and lienors whose liens acquired priority, during the time the tax liens were not revived.
In our opinion no constitutional rights of appellants have been invaded. The single assignment is to the *146 order discharging appellants' rule to show cause why the tax liens should not be stricken from the record; it is overruled.
Order affirmed.