6 Pa. 70 | Pa. | 1847
The judgment of the Court of Common Pleas on the case stated, is brought before us on writs of error sued out by both parties. They have been argued together, and involve the construction of a portion of the tax laws of this Commonwealth. The judgment of the court below is predicated on the opinion of this court, in their construction of the act of the 25th of April, 1844, in the case of the Lehigh Navigation Company v. Northampton County, 8 Watts & Serg. 334. So far as the cases are parallel, the judgment of the court is right. But there is a wide difference between things appurtenant and convenient to a railroad, and things appurtenant and part of a canal. It is contended, that the act of the 22d of April, 1846, embraces within its provisions, property returned in this case for taxation, which was not included in the act of 1844. The act of 1844 is comprehensive in its terms, and embraces, of real estate, “all houses, lands, lots of ground and ground-rents, mills and manufactories of all kinds, all furnaces, forges, bloomeries and distilleries, sugar-houses, malt-houses, breweries, tan-yards, and ferries.” The first section of the act of the 22d of April, 1846, after enumerating for taxation certain articles of personal property not before taxed, pro