58 P. 888 | Or. | 1899
after stating the facts in the foregoing language, delivered the opinion of the court.
Again, after the proceedings of the board of commissioners of one of the counties of Indiana in the matter of the construction of a graveled road at the expense of the property benefited had been held invalid by the court because the • initiatory steps were taken at a special and not a regular session of the commissioners, the legislature passed an act in terms legalizing and declaring valid such proceedings and the assessments and charges made for the construction of such road, and this act was held valid in Johnson v. Board of Com’rs of Wells County, 107 Ind. 15 (8 N. E. 1), the court saying : “It is settled by our decisions and the authorities elsewhere that curative or retrospective statutes may cure defects and irregularities in proceedings, even though the defécts and irregularities are so flagrant as to render the proceedings, for all practical and enforceable purposes, null and void Tifft v. City of Buffalo, 82 N. Y. 204, was an action brought to set aside an assessment upon the premises of plaintiff for repairs of a street in the City of Buffalo, which was admittedly invalid on account of a failure to comply with the requirements of the city charter, but it was held that the defect was cured by a subsequent act of the legislature to legalize such proceedings, and that it was no objection that it deplived the plaintiff of a defense against the collection of such assessment on the ground of informality, the court saying: “Again, the legislature has the power, to a certain extent, of retrospective legislation. It is not an unlawful exercise of this power to take away defenses based an mere informalities. A party has no vested right in a defense based upon an informality not affecting his substantial equities. The legislature may change or modify the effect of prior
In Whitney v. City of Pittsburg, 147 Pa. St. 351 (30 Am. St. Rep. 740, 23 Atl. 395), it was held that a defect in proceedings for the improvement of a street because it was not made upon a petition of the owners of a majority in interest of the property abutting on the street, as required by the statute, was cured and rendered immaterial by a subsequent act of the legislature, the court saying : “Assuming these objections to be well taken, yye are of opinion that the act of 1891 is broad enough in its terms to cure these defects. The most that can be said is that the work referred to was done without lawful authority, and this is the defect which the act was intended to cure.” See, also, Donley v. City of Pittsburg, 147 Pa. St. 348 (30 Am. St. Rep. 738, 23 Atl. 394); May v. Holdridge, 23 Wis. 93 ; Dill v. Roberts, 30 Wis. 178 ; In re Van Antwerp, 56 N. Y. 261; Brown v. Mayor, etc., .63 N. Y. 239 ; City of Clinton v. Walliker, 98 Iowa, 655 (68
This disposes of all the objections made to section 156 in this case, and we shall not assume at this time to decide any others. The judgment of the court below is therefore reversed, and the cause remanded for such further proceedings as may be proper, not inconsistent with this opinion. Reversed.