Pennsylvania Act 1848-210 — DELAWARE RIVER BANKS - REPAIR OF

Act text

DELAWARE RIVER BANKS - REPAIR OF
                 Act of Mar. 25, 1848, P.L. 250, No. 210              Cl. 11
                                  AN ACT

     To provide for the repairs of the meadow banks upon the Delaware
        front, in the county of Philadelphia, above the city of
        Philadelphia, and extending the limits of Richmond district.

        Section 1.  Notice to repair; proceedings on neglect or
     refusal
        It shall be the duty of the commissioners of the District of
     Richmond, within the present or any future limits of said
     district, or of the supervisor or supervisors of roads in such
     portion or portions of said county, containing such banks as
     shall be unincorporated, or in case any portion now
     unincorporated, shall hereafter be incorporated, then of the
     commissioners of such portions of said county as shall be
     hereafter incorporated, or of any person or officer duly
     authorized by them, or any of them, for such purposes, upon
     complaint made to him by any person or persons owning property
     fronting upon such river, (The Delaware River) or liable to be
     damaged by the overflow of the same, that said banks or any part
     thereof, are out of repair or in a ruinous, unsafe, and insecure
     condition, to give notice forthwith, to the owner or owners of
     such part or portion, to repair the same within forty-eight
     hours after such notice, which said notice shall be given to the
     owner or reputed owner thereof, or if such owner is unknown and
     cannot be found, then by posting the same on a conspicuous part
     of such bank so out of repair and insecure; and in case such
     owner or owners shall neglect or refuse to cause such repairs to
     be made, within the time aforesaid, or the same shall be
     defectively or insecurely done, it shall be the duty of such
     supervisor or supervisors, or commissioners, to cause the said
     banks to be well and thoroughly repaired, and rendered safe and
     secure; for which purposes they shall have full right and
     authority to enter into and upon such banks, and the premises
     thereto adjacent; and after said repairs are so done, they shall
     enter the same as a lien against the said premises and the
     owners or reputed owners thereof, which said lien shall have the
     priority over all other liens, charges, taxes and incumbrances
     whatever: Provided always, That such lien shall be filed within
     six months after the date of such repairs, in the name of such
     supervisor or supervisors or in the corporate name of such
     district or township, as the case may be; and the same shall be
     recovered by an action of scire facias, in manner and form as
     district liens in said county are now recoverable: And provided
     further, That upon the trial of such action, the said defendant
     shall only be permitted to aver and prove in defense, that the
     said lien, in whole or in part, has been paid since the same was
     filed, and that all matters necessary for a recovery, on the
     part of the plaintiffs, shall be considered as proved by the
     production of the lien and scire facias thereon, at the time of
     trial.  1848, March 25, P.L. 250, Sec. 1.