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The recogi

zance to

operate as a

lien on the

real estate of

sureties;

how sheriffs and coroners

ceeded against.

ju

Sec. 4. And be it further enacted by the thority aforesaid, That all the lands, tenem and hereditaments, which such sheriffs, c ners and their sureties shall possess, or be sheriffs, coron- titled to in every county within this comm ers and their wealth, shall be bound by a recognizance ta in manner aforesaid, as effectually as a ment to the same amount in the court of co mon pleas of all the counties aforesaid, mi or could now bind the same, and whenever are to be pro- commonwealth, or any individual or indi duals shall be aggrieved by the misconduct any sheriff or coroner, it shall be lawful, as of as the case may require, to institute acti of debt of scire facias upon such recogniza against such sheriff or coroner, and their su ties, their heirs, executors or administrato or actions of debt upon such obligations agai such sheriff or coroner, and their sureti their heirs, executors or administrators, and upon such suits it shall be proved what dama hath been sustained, and a verdict and jud ment shall be thereupon given, execution sh issue for so much only as shall be found the said verdict and judgment with cos which suits may be instituted and the like pr ceedings be thereupon had, as often as dama shall be so as aforesaid sustained: Provia Within what always, That such suit or suits against su against the sureties, their heirs, executors or administr tors, shall not be sustained by any court to be commen- this commonwealth, unless the same shall instituted within five years after the date such obligation or recognizance.

time suits

sureties of

sheriffs &c. are

ted.

entered, no act

Sec. 5. And be it further enacted by the c Until surety is thority aforesaid, That until sureties shall b of sheriff or given in manner aforesaid, all commission coroner to be granted to, and all acts and things whatsoeve

valid.

don

lone by any such sheriff or coroner, under olor of office, shall be void and of none ffect.

appointed to

Sec. 6. And be it further enacted by the aubority aforesaid, That whenever a vacancy Sheriffs &c. hall happen in the office of sheriff or coro- supply vacan er, which is to be filled by a new appoint- cics to give nent in the manner prescribed, by the first security in a sum proporection of the sixth article of the constitution tioned to the time for which of this commonwealth, the person about to they are apapply so to be commissioned, shall enter into pointed. a recognizance, and give an obligation with sureties to be approved by the Governor, in manner aforesaid, for a sum proportioned to the time for which the commission is to be granted.

death of a sheriff, coron

sheriff until

Sec. 7. And be it further enacted by the authority aforesaid, That if any sheriff of the In case of the city and county of Philadelphia, or of any removal or other county within this commonwealth, shall de be legally removed from his office, or die er to execute before the expiration of the term for which the office of he shall have been commissioned, the coro- another be ap ner of the proper county shall execute the of. pointed & Cr fice of sheriff, and all things thereunto appertaining, until another sheriff shall be duly commissioned, and notice thereof shall be given to the coroner then exercising the of fice of sheriff, and the security and pledges given by every coroner in pursuance of this act, shall be a security to the commonwealth, and to all persons whomsoever for the faithful discharge and due performance of all the duties required by law from such coroner.

Sec. 8. And whereas the process by disingas is dilatory and expensive, and it is

necessary

necessary to provide some adequate rem therein, to prevent the delays of sheriffs others in the duties of their respective

ces: Be it therefore enacted by the auth Application of aforesaid, That the court, out of which a distringas writ of distringas, vice-comitem or dis

the issues on

&c.

Sheriffs to

particulars of

gas, nuper vice-comitem or other writ of tringas proceeds, may by a rule for that pose made, order and direct that the is levied from time to time shall be sold, the money arising thereby be applied in first instance to pay such costs to the pl tiff, as the said court shall think just, der all the circumstances to order, and the remainder thereof in court to be reta until the defendant shall have appeared, other purpose of the writ be answered, be rendered to the plaintiff for his debt, mages and costs where the same shall be certained: Provided, That where the pur of a writ is answered, the said issues s be returned, or if sold, what shall remain the money arising by such sale shall be paid to the party distrained upon.

Sec. 9. And be it further enacted by the thority aforesaid, That whether a demand give a bill of that purpose shall be made or not, it s their fees, and be the duty of every sheriff, his deputy on payment, agent, immediately after the receiving of whether the of his fees or of a bond, or other writ

a receipt,

same be de

manded or

not;

penalty on failing to do

So.

security therefor, to deliver a bill of parti lars, specifying the several items contai therein, and the amount thereof, to give party so paying or securing the paymen any fees, a receipt in full therefor, to dorse on such written security when tak that the same was given for fees, and to s the endorsement so to be made, and if

shur

sheriff, his deputy or agent shall neglect to give such receipt, or make such endorsement in the manner directed by this act, on conviction thereof before the court of quarter sessions of the proper county, he shall forfeit and pay any sum not exceeding fifty dollars to the party injured, who is hereby declared to be a competent witness to prove such neglect.

this act &c.

Sec. 10. And be it further enacted by the au thority aforesaid, That within six months af- Sheriff's to fix ter the passing of this act, the sheriff of every up in a conspicuous part county within this commonwealth, shall pub- of their offices, lish and set, and keep up in some conspicu- the 9th sec. of ous part of his office, the ninth section of this act, for the inspection of all persons hav ing business in such office, on pain of forfeiting for each day the same shall be missing, through the said sheriff's neglect, the sum of ten dollars, which penalty may be recovered in any court of record, one half to the use of the informer, and the other half to the usc of the county, wherein the offence shall be committed.

laws as are

&c.

Sec. 11. And be it further enacted by the authority aforesaid, That so much of every for- Repeal of such mer act of assembly as is hereby altered or hereby altered supplied, be, and the same is hereby repeal- or supplied ed and annulled: Provided always, That nothing in this act contained, shall ever be so construed, as to impair, or in any manner affect any obligations, bonds, recognizances or other securities, heretofore made, given or acknowledged, or in any degree to prevent or obstruct the recovery of any monies, fines, forfeitures, penalties, debts or demands or accruing, by virtue of any former VOL. V. 3 T

due

act

act or acts or parts thereof, which are h by repealed and annulled.

SIMON SNYDER, Speaker

of the House of Representati

ROBERT WHITEHILL, Speak of the Senate.

APPROVED-March the twenty-eighth 180 THOMAS M'KEAN, Governor of the Commonwealth of Pennsylvania.

CHAPTER CLIV.

An ACT to enable Martin Hocker, to obt a title to a lot of land in the township Paxton, and county of Dauphin.

WHE

HEREAS it has been represented the legislature, that Martin Hocker, purchase of his brother John Hocker, a lot land, containing about ten acres, situate int township of Paxton, in the county of Da phin, and hath actually paid the full cons deration for the same, according to the terr of an agreement made in the life time of t said John Hocker, who is since dead, by re son whereof he is deprived of the means. obtaining a title thereto, and as no writt contract was made respecting the premises, therefore prays the legislature to authorise administrators of the said John Hocker, to ex cute a deed to him the said Martin Hocker, I heirs and assigns: And whereas, the said presentation appears to be true, it is just a

reasona

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