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ved at the instance of the defendant, and be set aside by the court, and it shall appear that he attended the trial before the justice, or had legal notice to attend the same, and on a final trial being had as aforesaid, the plaintiff shall obtain judgment for a sum equal to or greater than the original judgment which was set aside by the court, he shall pay all costs accrued on the second trial before the justice of the peace, as well as those which accrued at the court before whom the proceedings have been set aside, including any fees which the plaintiff may have given to any attorney, not exceeding four dollars, to defend the proceedings of the justice, together with fifty cents per day, while attending at court on the same, which costs shall be recovered before any justice of the peace, in the same manner as sums of a similar amount are recoverable and in such cases the legal stay of execution shall be counted from the date of the origin- Stay of exeal judgment rendered by the justice of the peace, and the court counted from shall, at the term to which the proceedings of justices of the the original peace are returnable in pursuance of writs of certiorari, deter- judgment. mine and decide thereon.

cution to be

cther than
as herein di-

SECT. XXVI. And be it further enacted by the authority aforesaid, That if any person or persons shall commence, sue, or prosecute Persons any suit or suits, for any debt or debts, demand or demands, made bringing suits cognizable as aforesaid, in any other manner than is directed by this act, and shall obtain a verdict or judgment therein, which, rected not to without costs of suit, shall not amount to more than one hun- recover costs. dred dollars, not having caused an oath or affirmation to be made before the obtaining of the writ of summons, or capias, and having filed the same in the prothonotary's office of such county,

that he, she, or they so making oath or affirmation, did truly be- Unless an lieve the debt due, or damages sustained, exceeding the sum of oath be first one hundred dollars, he, she, or they, so prosecuting, shall not re- made, &c. cover costs in such suit, any law, usage or custom, to the contrary notwithstanding.

SECT. XXVII. Whereas doubts have been entertained with respect to the mode of recovering the forfeitures and penalties prescribed by the following acts, passed in the year one thousand seven hundred, to wit: An act against forcible entry," "An act against removing land marks," and " An act against defacing of charters," Therefore, Be it enacted by the authority aforesaid, That in all cases arising under the said acts, where the penalty Certain penis fixed, and the court not mentioned in which such penalties alties to be shall be recoverable, the same shall be prosecuted in the court recovered in of quarter sessions of the county where the offence is committed and warrants shall and may be issued by the justices of the sions. peace respectively, to oblige the offender or offenders to find Surety &c. to surety for his, her, or their appearance at the said court, and to be required. be of good behaviour in the mean time, if necessary, and in de

the courts of

quarter ses

men made

similar to

that of justi

fault of such surety, to commit him, her, or them to the jail of such county, to be dealt with according to law.

SECT. XXVIII. And be it further enacted by the authority aforesaid, The jurisdic. That the like jurisdictions and authorities vested by this act in the tion of alder-justices of the peace within this commonwealth, shall be, and they are hereby vested in each and every of the aldermen appoint, ed within the city of Philadelphia, who shall in all cases, exercise all such powers, within the said city, which any justice of the peace may exercise within any county in this state, and shall be entitled to like fees, and in all cases shall be under and subject to such limitations, restrictions and provisions, as justices of the peace are in like circumstances, subjected to by this act.

ces of the

peace.

Two persons

in each tow ship &c. to be elected annually, as constables.

One of whom shall be ap pointed by

the court of

quarter ses. sions.

Must have freehold of

a

one thousand

to that

amount.

SECT. XXIX. And be it further enacted by the authority aforesaid, That the electors of each county, town, township, ward or district, which now is, or hereafter shall be in any of the counties within this commonwealth, shall annually, on the same day, and at the same place where they meet to choose supervisors of the highways, elect two reputable citizens in said township, ward or district, and return the names of the persons so elected, to the next court of quarter sessions of the proper county, and the said court shall appoint one of them to be constable for the township, ward or district for which he was chosen, for one year from and after the time of his appointment, if it should appear to the satisfaction of the court that he possesses a freehold estate in his own right, clear of all incumbrances, of the value of one thou sand dollars; or if he does not possess a freehold estate as aforedollars, or said, he may be appointed, if he shall become bound in an obligive security gation to that amount, with at least one sufficient security, to be approved of by the court of quarter sessions, to be taken in the Surety to be name of the commonwealth, by the clerk of the said court, for approved by the just and faithful discharge of his said office, for which service said clerk shall receive no fee; and said obligation shall be held in trust for the use and benefit of all persons who may sustain Such obliga- injury from him in his official capacity, by reason of neglect of tion to be in duty, and for the like purposes and uses as sheriffs' bonds are usually given; but if he does not possess a freehold estate as aforesaid, or enter the security as above required or possessing a freehold as aforesaid and refuses to take upon himself the office of constable, or if the electors in any township, ward or district, shall neglect or refuse to return two citizens for the said office, as aforesaid, then and in either case, the court shall appoint another proper person, possessing a freehold estate of the value aforesaid, or who will give the security required, to serve as constable; and every person elected or appointed, or who shall be appointed by the court, and who may possess a freehold estate of the value abovementioned, and shall refuse or neglect to take upon himself the of fice of constable, or shall not procure a deputy to undertake the duties of said office, for whose conduct in the same he shall be responsible, shall be fined by the court in the sum of forty dol

the court.
No fee to be
allowed for.

trust for such as may be injured, &c.

Penalty for refusing to

serve.

lars: Provided nevertheless, That the said court shall, in all ca- Preference ses, give a preference to the person highest on the return, provi- the highest to be given to ded he can give the requisite security and no person shall be in votes. permitted to serve as constable more than three years in any Term of ser

vice.

fifteen years,

part of the

town, in

term of six years: and also, that no person shall be compelled No person to to serve as constable more than once in every fifteen years in be compelled the same township, ward or district, excepting in the township to serve more of Tinnicum, in the county of Delaware; and that in procuring than once in a deputy to discharge the duties of said office, or paying the pen- &c. alty aforesaid, shall be considered equal to personal services: This law not Provided, That nothing contained in this act shall be so constru to ffect ed as to interfere with any laws now in force respecting the city the city and of Philadelphia, the township of the Northern Liberties and county of district of Southwark, or the township of Germantown, Philadelphia. relating to the election of constables: And provided also, That Security &c. the security to be given under the acts now in force for the ap- in the disto be given pointment and regulation of constables, in the township of the tricts of Northern Liberties and the district of Southwark, and the town- Southwark and Germanship of Germantown, be, and the same is hereby encreased to one thousand dollars, any law or laws to the contrary notwithstanding. creased. SECT. XXX. And be it further enacted by the authority aforesaid, That an act entitled "An act for better determining debts and Certain fordemands under forty shillings, and laying aside the two weeks mer laws recourts in the city of Philadelphia," passed May twenty-eighth, pealed. one thousand seven hundred and fifteen, and an act entitled "An act for the more easy and speedy recovery of small debts," passed March first, one thousand seven hundred and forty-five, and an act entitled "An act to enlarge the summary jurisdiction of the justices of the peace in actions of debt or* demand, to sums not exceeding ten pounds," and to repeal an act entitled "A supplement to an act for the more easy and speedy recovery of small debts," passed April eighth, one thousand seven hundred and eighty-five, and an act entitled "An act to extend the powers of the justices of the peace in this passed April nineteenth, one thousand seven hundred and ninety-four, and "An act to continue in force for a limited time, the act entitled "An act to extend the powers of the justices of the peace in this state, and for other purposes therein mentioned," passed April fourth, one thousand seven hundred and ninety eight, and so much of the act entitled "An act to incorporate the city of Philadelphia," passed the eleventh day of March, one thousand seven hundred and eighty nine, às establishes the aldermen's court in the said city, or of any other act or acts as recognizes, regulates or extends the powers or jurisdiction of said court," and an act entitled An act for recovery of debts and demands not exceeding

Or," in the original.

one hundred dollars, before a justice of the peace, and for the election of constables, and for other purposes," passed the twenty-seventh day of March, one thousand eight hundred and four, and an act entitled "An act to regulate the pro ceedings on certiorari, and for other purposes," passed the twenty-first of March, one thousand eight hundred and six, and an act entitled "A supplement to, and making perpetual, an 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," be, and the same are hereby repealed.

SECT. XXXI. And be it further enacted by the authority aforeCertain judg- said, That all judgments which may heretofore have been ments recov- rendered against any executors or administrators of any deered against ceased person, or bodies politic and corporate, before any administra- justice of the peace, within any of the counties of this comtors, or bodies monwealth, or alderman of the city of Philadelphia, agreeably politic, decla- to the provisions of the act entitled "An act for the recovery

executors,

red valid.

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," and its supplements, shall be as good and valid in law, and be prosecuted to the recovery thereof as effectually, and to all intents and purposes, as though the said law had given justices jurisdiction in express terms. SECT. XXXII. And be it further enacted by the authority The certiora aforesaid, That the act entitled "An act to regulate the prori act extend ceedings on certiorari, and for other purposes," passed the twenty-first day of March, one thousand eight hundred and six, is hereby continued in force until the first day of May next and no longer; and from and after the said first day of May, this act shall be in force.

ed to the first day of May next.

SECT. XXXIII., And be it further enacted by the authority This and the aforesaid, That this act, together with the act entitled "An act to regu- act to regulate arbitrations," passed in the present session, be late arbitra- published in such newspapers in this commonwealth as the to be printed governor shall direct, on or before the fifteenth day of April

tions, &c.

in certain

next, and the expence thereof shall be paid out of any unapnewspapers. propriated money in the treasury, in the usual manner.

JOHN WEBER, Speaker

of the House of Representatives.

P. C. LANE, Speaker of the Senate.

APPROVED the twentieth day of March, one thousand eight

hundred and ten.

SIMON SNYDER.

CHAPTER CXXXIII.

An ACT to amend the act, entitled "An Act for incorporating the Society known by the name and style of the Philadelphia Contributionship for the Insuring of Houses from loss by Fire, to ratify and confirm the articles of agreement of the Contributors, and to enable them to make suitable by-larus, for the better management and pro secution of their said design."

WHE

THEREAS, the powers conferred by law upon the corporation known by the style of the "Philadelphia contributionship for the insurance of houses from loss by fire," owing to the great lapse of time since the same were conferred, are found inadequate to carry into effect the useful design of the said corporation in the present state of society.

of the Phila

SECT. I. BE it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania, in General Assembly met,and it is hereby enacted by the authority of the same, That the directors for the time being of the said corporation, or Directors a major part of them, be, and they are hereby empowered to delphia conlend, advance, or lay out upon mortgage of real estate, or in the tributionship stocks of any incorporated company of the state of Pennsylvania, empowered to lend moor of the city of Philadelphia, or in the stocks of any incorpo- ney upon rated bank of the United States, or of this state, such sum or mortgage sums of money, belonging to the said corporation, as from time &c. to time they shall think fit and order.

SECT. II. And be it further enacted by the authority aforesaid, That so much of the fourth section of the act incorporating the Part of the said society, as orders that the directors shall, previous to the 4th section general meetings of the contributors, give public notice of the of the act inmatters there intended to be moved, proposed and transacted, said society corporating and so much of the same section as orders that the contributors repealed. shall, at their general meetings, begin an hour at least after the time appointed for meeting, and after the choice of the chairman, shall continue on the business proposed one hour or longer before any determination shall be had thereon, be, and the same is hereby repealed.

SECT. III. And be it further enacted by the authority aforesaid, That so much of the sixth section of the said act as requires that Part of the the security given by the treasurer of the said corporation for the 6th section discharge of his trust, shall be recorded in the office for record- of said act repealed. ing of deeds for the county of Philadelphia, before he shall enter upon his office, be, and the same is hereby repealed. SECT. IV. And be it further enacted by the authority aforesaid, That the eighth section of the said act, touching the lending, And part of the eighth in advancing and laying out the money of the said corporation on like manner. mortgage of houses and lands, and other real estate, and the proviso therein contained, be, and the same is hereby repealed. SECT V. And be it further enacted by the authority aforesaid;

Ff

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