Pennsylvania Act 1935-14 — VALIDATING WRITS OF SCIRE FACIAS

Act text

VALIDATING WRITS OF SCIRE FACIAS
                   Act of Apr. 4, 1935, P.L. 24, No. 14               Cl. 53
                                  AN ACT

     Validating amicable writs of scire facias to revive municipal
        claims entered by boroughs and townships of the first class
        where more than five years have elapsed since the original
        claims were filed, or a prior revival thereof made.

        Section 1.  Be it enacted, &c., That whenever any borough or
     township of the first class has heretofore filed in the office
     of the prothonotary of the proper county an amicable writ of
     scire facias to revive any municipal claim, and such writ of
     scire facias shall not have been filed within the period of five
     years from the time the original claim was filed, or within five
     years after any prior revival of such claim; then in any such
     case such action in filing such amicable writ of scire facias is
     hereby ratified, confirmed, and made valid notwithstanding that
     the same was not filed within the time required by law, and that
     the lien of such municipal claim was lost; and the lien of any
     such municipal claim shall be deemed revived from the date such
     amicable writ of scire facias was filed in the office of the
     prothonotary; and such lien may be proceeded upon, further
     revived, and collected as provided by law: Provided, however,
     That the lien of any such municipal claim shall not reattach
     against any real estate transferred to any purchaser during the
     time when the lien of the same was lost: And provided further,
     That where any mortgage shall have been entered of record
     against any such real estate during the period when the lien of
     any such municipal claim was lost, such mortgage shall have
     priority over such revived municipal claim.
        (1 amended July 12, 1935, P.L.724, No.286)
        Section 2.  This act shall become effective immediately upon
     final enactment.