act-1935-0-3•Pennsylvania Act 1935-3 — MUNICIPAL CLAIMS, REVIVAL
Act text
MUNICIPAL CLAIMS, REVIVAL
Act of Mar. 20, 1935, P.L. 5, No. 3 Cl. 53
AN ACT
To authorize cities of the third class, boroughs, and townships
to sue out writs of scire facias on certain municipal claims,
or to revive judgments on such claims, where more than five
years have elapsed since said claims were filed or such
judgments were entered or revived, and to reduce such claims
to judgment or to revive such judgment; and providing for the
revival and collection of such judgments.
Section 1. Be it enacted, &c., That whenever any city of the
third class, borough, or township has heretofore filed, in the
office of the prothonotary of the proper county, any municipal
claim or claims, and the city, borough, or township has not,
within the period of five years after the date on which any such
claim was filed, sued out a writ of scire facias to reduce the
same to judgment, or whenever any such municipal claim or claims
have been reduced to judgment and the borough or township has
not, within the period of five years after the date on which
such judgment or judgments were entered or within five years
after the date on which such judgment or judgments were last
revived, filed a suggestion of nonpayment and an averment of
default, or sued out a writ of scire facias to revive the same,
then, in any such case, any such city, borough, or township may,
within six months after the passage and approval of this act,
issue its praecipe for a writ of scire facias on any such
municipal claim and proceed to judgment in the manner provided
by law to obtain judgments upon municipal claims, or, in case
judgment has been entered, either file a suggestion of
nonpayment and an averment of default or issue its praecipe for
a writ of scire facias on any such judgment and proceed to
judgment in the manner provided by law to obtain judgments of
revival, and such judgment, so entered or revived, shall be a
valid judgment and be a lien upon the real estate upon which it
was a lien at the time the claim was filed or the judgment was
entered, and said judgment may be revived or further revived and
collected as other judgments upon municipal claims are revived
and collected: Provided however, That, the lien of any such
judgment shall not reattach against any real estate transferred
to any purchaser during the time when the lien of any such
municipal claim or judgment was lost; nor shall the lien of any
such judgment impair or affect the priority of the lien of any
mortgage or other lien, which gained priority because of the
failure of the city or borough or township to sue out the writ
of scire facias or file a suggestion of nonpayment and an
averment of default within the five year period, or was entered
of record during the time the lien of such municipal claim or
judgment was lost.
Section 2. This act shall be in effect immediately upon its
final enactment.
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