Pennsylvania Act 1810-132 — RECOVERY OF DEBTS AND DEMANDS

Act text

RECOVERY OF DEBTS AND DEMANDS
                 Act of Mar. 20, 1810, P.L. 208, No. 132              Cl. 42
                                  AN ACT

     To amend and consolidate with its Supplements, the Act entitled
        "An act for the recovery of debts and demands, not exceeding
        one hundred dollars, before a Justice of the Peace, and for
        the election of Constables, and for other purposes.

        Compiler's Note:  Section 2(a) of Act 53 of 1978 repealed Act
            132 except for section 12 and 19.
        Section 12.  Account on execution; failure to make proper
     return; process against Constable; penalty for non-service;
     summary judgment
        On the delivery of an execution to any Constable, an account
     shall be stated in the docket of the Justice, and also on the
     back of the execution, of the debt, interest and costs, from
     which the said Constable shall not be discharged but by
     producing to the Justice, on or before the return day of the
     execution, the receipt of the plaintiff, or such other return as
     may be sufficient in law, and in case of a false return, or in
     case he does not produce the plaintiff's receipt on the return
     day, or make such other return as may be deemed sufficient by
     the justice, he shall issue a summons, directed for service to a
     Constable, or to some other fit person, who shall consent to
     serve the same, and having so consented, by accepting of such
     process, shall be bound to execute the same, under a penalty of
     twenty dollars, to be recovered as other fines are recoverable
     by this act, but should not a Constable or other fit person
     conveniently be found to serve the process as aforesaid, the
     justice shall direct it to a Supervisor of the Highways of the
     township, ward or district where such Constable resides, whose
     duty it shall be to serve the same under the penalty aforesaid,
     commanding the said Constable to appear before him on such day
     as shall be mentioned in the said summons, not exceeding eight
     days from the date thereof, and then and there show cause why an
     execution should not issue against him for the amount of the
     first above-mentioned execution, and if the said Constable
     either neglects to appear on the day mentioned in such summons,
     or does not show sufficient cause why the execution should not
     issue against him, then the Justice shall enter judgment against
     such Constable for the amount of the first above-mentioned
     execution, together with costs, on which judgment there shall be
     no stay of execution, and upon application of the plaintiff or
     his agent, the said Justice shall issue an execution against the
     constable for the amount of such judgment, which execution may
     be directed to any constable of the county, or other fit person
     accepting thereof, or to a supervisor as aforesaid, whose duty
     it shall be to execute the same: Provided always, that nothing
     in this act contained shall in any manner impair or alter the
     proceeding as heretofore established, with regard to insolvent
     debtors, and their discharge on a full surrender of their
     property.  1810, March 20, P.L. 208, 5 sm. L. 161, Sec. 12.
        Section 19.  Justices may issue process against sureties of
     Constables; appeal
        Any Constable who has or may hereafter give security
     agreeably to law for the faithful performance of the duties of
     his office, and afterwards on neglecting or refusing to perform
     such duties shall have judgment entered against him for such
     neglect or refusal and on being prosecuted for the recovery of
     such judgment becomes insolvent, abandons his country, or from
     any other reason it becomes impracticable for such judgment or
     judgments to be recovered from such Constable as aforesaid; or
     where a Constable makes such default and abandons his country
     before judgments are had against him, then, and in such cases
     only, the Justice before whom the judgment or judgments stand
     unpaid shall be and is hereby authorized and empowered to issue
     a scire facias, and proceed against such bail for the recovery
     of judgments had aforesaid, in the manner that Constables are
     now suable; saving only the right of appeal to such sureties.
     1810, March 20, P.L. 208, 5 sm.1. 161, Sec. 19.