151 A. 850 | N.J. | 1930
With respect to the intrinsic merits of the application to open the apparent default of respondents in the suit, and for leave to redeem, we are in accord with the views expressed by the learned vice-chancellor, and think further discussion needless. But on the phase of the case relating to the force *133 and effect of the amendment of 1928 (P.L. p. 382), to section 49 of the Tax Sale act of 1918, we prefer to rest our affirmance of the decree on the application of the fundamental rule that a statute is to be considered prospective unless the language is such as to show clearly that it was intended to have retrospective effect.
The chronology of the case, so far as material to the point now under consideration is this: The original final decree, purporting to foreclose the owners' rights, was dated May 5th and filed May 6th, 1927. At that time section 49 of the Tax Sale act of 1918 (P.L. p. 883), as amended by P.L. 1919 p. 564, was in force, and contained no limitation of time for an application to open the decree. The amendment of 1928 (P.L. p. 382), to section 49, which is relied on by the appellant, was approved April 3d 1928. The petition by respondents to open the decree of May 6th, 1927, was filed April 19th, 1928, a little over two weeks after the act of April 3d took effect. That act provides, among other things, that the decree "shall be final upon the defendants, their ancestors and predecessors in title, and their privies, and no application shall be entertained to reopen the same after three months from the date thereof and then only upon the grounds of lack of jurisdiction or fraud in the conduct of the suit." And in another paragraph:
"This provision shall be liberally construed as remedial legislation to encourage the barring of the right of redemption by suits in the court of chancery and for the decreeing of marketable titles therein, and to discourage barring the right of redemption by act of the purchaser in serving notices to redeem and filing and recording the proceedings as otherwise provided."
If the claim of appellants be well founded, it must follow that, to say the least, whenever the decree had been pronounced not more than three months before the statute, the pre-existing right to apply to open it was cut off at the expiration of that three months; as for example, if the decree had been signed on January 4th, the act taking effect (in retrospect) April 3d, would bar an application unless made *134 the day after its passage; and where as in this case the decree was signed May 5th, 1927, the right of application, if not cut off as of August 5th, 1927, was cut off instanter when the statute took effect. Such an effect is, to say the least, startling; and we are clear that the legislature never intended anything of the kind.
The decisions holding that a statute will not be construed as retrospective unless its language or object clearly so indicates, are so numerous that a few of the more important ones will suffice as examples.
In White v. Hunt,
In Vreeland v. Bramhall,
In Warshung v. Hunt,
In Williams v. Brokaw,
In Frelinghuysen v. Morristown,
In Coghlan v. Supreme Conclave,
In Plahn v. Givernaud,
Where the legislative purpose is merely to modify modes of procedure, and no constitutional restriction intervenes, the modification has been held applicable to existing litigation; as for example, in Wanser v. Atkinson,
Turning to the language of the amendment of 1928, we find not one word indicative of retrospective intent. The entire section, over a page in length, is framed in the future tense without one glance backward. The clause declaring it remedial, c., is applicable to future conditions and future decrees, as is the main body. We are clear that the three months' limit was never intended to affect decrees made before the enactment of the amendment in question, and for this reason and those discussed below on the merits, the decree will be affirmed.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DALY, DONGES, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, WELLS, JJ. 15.
For reversal — None. *137