State ex rel. Henderson v. Taylor

Alvey, J., delivered the opinion of the Court. This was an application for a writ of'mandamus against-the Register and the Collector of the City of Baltimore, to compel them to do certain acts and to take certain proceedings for the collection of certain assessments made upon property for local improvements, and in which assessments-the relators allege themselves to be interested. It appears that on or about the 13th of December, 1877, the Street Commissioners’ returns, consisting of books and papers, showing the amounts of the various assessments made on property benefited by reason of the opening of Eden Street, were placed in the hands of the City Collector, in order that he might proceed to the collection of the assessments, in the mode provided by the ordinances of the city. The Collector did proceed to notify the parties of the assessments upon their property, as directed by the ordinance, but only a small portion of the assessments was paid as required by the notice.

He did not, however, ³⁴¹ proceed to advertise and sell the property of the delinquents, as directed by the ordinance upon the subject; but the relators, after the lapse of a considerable time, came in and paid all such outstanding and unpaid assessments, as parties not claiming title to the property assessed, and now seek to have enforced the assessments so made, by advertisement and sale. Section 12 of Art. 47 of the City Code, provides, that the City Register, within ten days after receiving the returns of the Street Commissioners, shall transfer such returns to the Collector, “who shall proceed forthwith to notify the parties assessed for benefits, by means of bills specifying the several sums so assessed, and warning them that if the same be not paid within six months from the date of such transfer of said Commissioners’ returns, he will proceed to sell the specified pieces or parts of property on which such unpaid sum or sums of money shall have been assessed,” in the manner as provided in the next succeeding section. The next succeeding section, being section 13, provides, that if the sums assessed “ shall not be paid within the time above limited,” the Collector shall sell the property assessed, after not less than thirty nor more than sixty days notice; “said notice to be published within ten days after the expiration of the time limited in section 12, for the payment of said benefits;” and the money when collected is required to be paid over to the Mayor and City Council, to be by them paid over to the persons entitled to receive the same. By section 16 of the same Article of the City Code, it is declared and ordained that all sums of money assessed by the Commissioners upon property deemed by them to be benefited, “shall be and continue liens on each several piece of property so assessed, to the amount of its particular assessment, until the same shall be paid to the city.” And in the next succeeding section it is provided, that ³⁴² “ Any person or persons, not claiming title to any lot or piece of property upon which, any sums shall he assessed, as aforesaid, may pay the amount of the sum so assessed, within the time limited, to the Register of the city, and obtain his certificate of having paid such sum without, claiming title to the property; and such payment shall vest in the person or persons paying, his, her or their heirs, the lien on such lot or property mentioned in section 16, of this ordinance.” It will he observed that the summary mode of collection of the assessments by sale of the property assessed, is prescribed with particularity ; and as it is a special power, dependent for its existence and validity upon the terms of' the ordinance passed in pursuance of authority delegated to the city, it must he exercised in the mode and manner, and under the limitations prescribed in the ordinance, and in no other way.

If, therefore, the time has past, or