1

A Digest

OF THE

LAWS OF PENNSYLVANIA,

FOR THE SESSIONS OF

ONE THOUSAND EIGHT HUNDRED AND EIGHTY-FIVE

AND

ONE THOUSAND EIGHT HUNDRED AND EIGHTY-SEVEN.

SUPPLEMENTARY

TO THE

ELEVENTH EDITION OF BRIGHTLY'S PURDON'S DIGEST.

PART I.

BY

FRANK F. BRIGHTLY, Esq.,

AUTHOR OF "BRIGHTLY'S PHILADELPHIA DIGEST," AND "BRIGHTLY'S DIGEST OF PENNSYLVANIA DECISIONS."

Entered, according to Act of Congress, in the year one thousand eight hundred and eighty-seven, by

KAY AND BROTHER,

in the office of the Librarian of Congress, at Washington.

COLLINS PRINTING HOUSE,

705 Jayne Street.

24 May 1887. P. L. 197.

Attachment may

issue in certain cases.

Affidavit.].

1. It shall be the duty of any prothonotary of a court of record in Pennsylvania to issue an attachment against any defendant or defendants, upon the application of any plaintiff or plaintiffs, upon proof by the affidavit of said plaintiff, or any of them, or of any other person for him, her or them, that said defendant or defendants are justly indebted to him, her or them in a sum exceeding one hundred dollars, the nature and amount of such indebtedness being set forth in such affidavit, and that said party defendant is about to move his, her or their property out of the jurisdiction of the court in which said attachment is applied for, with intent to defraud his, her or their creditors, or that said party defendant has property, rights in action or interest in any public or corporate stock, money, or evidences of debt, which he, she or they fraudulently conceal, or that said party defendant has or have assigned, disposed of or removed, or is about to assign, dispose of or remove any such property, money, rights in action, interest in public or corporate stock or evidences of debt, with the intent to defraud his, her or their creditors, or that he, she or they fraudulently contracted the debt or incurred the obligation for which such claim is made: Provided, That before such attachment shall issue, there shall be exe- Bond. cuted and filed with the prothonotary of the court or by the prothonotary of the county in which such attachment is applied for, a bond to the commonwealth of Pennsylvania for the use of the parties interested, in the penalty of at least. double the amount claimed, with good and sufficient surety to be approved by one of the judges of said court, conditioned that if the plaintiff or plaintiffs fail to prosecute such attachment with effect, or in case such attachment be quashed, dissolved or ended, then the plaintiff or plaintiffs shall pay to the defendant or defendants in such attachment all legal costs, fees and damages which said party defendant or defendants may sustain by reason of such attachment, and which said bond shall remain in the office of the said prothonotary for the use of any party injured as aforesaid. (a)

(a) This is an amendment of the act 17 March 1869, § 1, P. L. 8. See ante, vol. I., page 68, pl. 72.

8 July 1885. P. I. 269.

How to be executed.

Where only to issue.

II. Warrant of Arrest.

2. The officer to whom such warrant shall be delivered, shall execute the same by arresting the person or persons therein named, in any county in this commonwealth, and bringing him or them before the judge issuing the warrant, and shall keep him or them in custody until he or they shall be duly discharged or committed as hereinafter provided: Provided, Such warrant shall issue only in the county where the cause of action arises, or the judgment shall have been entered.(a)

(a) This is an amendment of the act 12 July 1842, § 5, P. L. 339. See ante vol. I., page 65, pl. 56.

Acts of Assembly.

Act 26 March 1785, § 7, 2 Sm. 301,

"19 Feb. 1849, §§ 4 & 6, P. L. 81, "26 April 1855, § 7, P. L. 330,

4 May 1855, § 7, P. L. 431,

"21 May 1857, § 1, P. L. 631,

31 March 1860, § 91, P. L. 405,

amended by Act 8 July 1885, P. L. 270.

66

"31 March 1860, § 130, P. L. 413,

1 June 1887, P. L. 289.

23 June 1885, P. L. 138 24 May 1887, P. L. 195. 30 June 1885, P. L. 203. 24 June 1885, P. L. 150. 11 June 1885, P. L. 108. 8 July 1885, P. L. 269. 25 June 1885, P. L. 165. 2 June 1887, P. L. 298. 19 May 1887, P. L. 125. 24 June 1885, P. L. 162. 19 May 1887, P. L. 128. 23 June 1885, P. L. 136. 66 18 May 1887, P. L. 118. 24 April 1885, P. L. 9. 24 May 1887, P. L. 183. 25 May 1887, P. L. 264. 26 June 1885, P. L. 192. 24 May 1887, P. L. 196. 24 May 1887, P. L. 197. 23 June 1885, P. L. 134. 22 April 1887, P. L. 61. 25 June 1885, P. L, 178. 24 May 1887, P. L, 186. 25 May 1887, P. L. 273. 6 May 1887, P. L. 92. 25 May 1887, P. L. 267. 2 June 1887, P. L. 310. 24 May 1887, P. L. 188 17 June 1887, P. L. 411. 23 June 1885, P. L. 140. 7 July 1885, P. L. 264. 7 July 1885, P. L. 264.

17 March 1869, § 1, P. L. 8, 4 April 1873, § 12, P. L. 20, 4 April 1873, § 14, P. L. 20, "20 April 1874, § 1, P. L. 110,

29 April 1874, § 2, P. L. 75,

29 April 1874, § 12, P. L. 79,

"29 April 1874, § 31, cl. 2, P. L. 90,

66

66

13 April 1887, P L. 22.

26 June 1885, P. L. 189.

66 25 June 1885, P. L. 182.

แ

66

2 June 1887, P. L. 301.

17 April 1876, § 7, cl. 1, P. L. 34,

17 April 1876, § 7, cl. 2, P. L. 34,

66

24 May 1887, P. L. 182.

25 May 1887, P. L. 267.

6 May 1887, P. L. 92.

25 June 1885, P. L. 168..