This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ...heretofore directed to be paid by them can mean nothing else than that the one tax shall be substituted for another. What other? That which ...
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ...heretofore directed to be paid by them can mean nothing else than that the one tax shall be substituted for another. What other? That which they were "heretofore directed to pay." The Act says it is to be "in lieu of" that. This seems to exclude the idea that it was intended to be in lieu of that which they were not directed to pay. I hold, therefore, that the defendant having been, from the character of his sales, expressly exempt from the payment of any tax as an auctioneer before and at the time of the Act of 1873, does not come within its operation. I find that a decision to the same effect was made by Judge Watson in 1876, applied to the same class of vendue criers in the county of Bucks. And now, January 5, 1884, judgment upon the case stated in favor of the defendant. Note.--See Commonwealth rs. Simmons, 2 Chester Co., R. 245. Easthurn's Appeal, Id. 241. CP. OF LAWRENCE COUNTY. Ritchie vs. the Pittsburgh and Lake Erie Railroad Company. Railroad, construction of--Embankment, injury by reason of--Damages--Riparian proprietors. A common law action will lie to recover damages for injury to property caused by the construction of a railroad on the land of another. The general railroad act makes no provision for assessment of damages to real property not entered upon or occupied. The Constitution in providing compensation for property injured or destroyed by the construction or enlargement of works, highways or improvements, refers to and includes only such injuries as are remediable at common law. The object was to limit the grant of special privileges, not to impose special burthens. A declaration complaining of injury to plaintiff by reason of the erection of an embankment on the lands of another, causing the waters of a river, ..".
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