3 Sm. 391.

Judges not to be disqualified to try actions on municipal ordinances,

11 April 1799 § 2. wealth qualified and authorized to hear, judge and determine, respecting the breach of any such ordinances or by-laws, and the accruing of such fines, forfeitures and penalties, shall be disqualified to hear, judge and determine the same, by reason of the interest they, as members of such borough or corporation, may have in the said fines, forfeitures and penalties, but shall have as full, perfect and complete jurisdiction, respecting the same, as if no such fine, forfeitures or penalty were to be incurred, or they had no such interest in the same.

by reason of being

members of the corporation.

9 April 1874 § 12. P. L. 58.

Assignment of judges on the di

22. Where, under the constitution and section thirteen of the schedule, in any district under the former law, there were two judges residing in the same district, and that district by this act has been divided, within ten days after the approval of this act by the governor, the president judge shall elect by writing, filed with vision of a district. the secretary of the commonwealth, to which district he shall be assigned, and the additional law judge shall be assigned to the other; and if both are residents of the same county, the judge assigned to the other district shall, within twenty days from the approval of this act, take up his permanent residence in said district, by this act made a separate district, or else a vacancy is hereby declared to exist therein, and may be filled as other vacancies are, by appointment and election.

25 May 1874 § 1. P. L. 228.

ment.

23. In all cases where the appointment of inspectors, directors, managers, trustees, auditors of accounts and other officers of corporations or public boards has Boards of appoint- been, by law enacted prior to the present constitution, vested in a board or body composed in whole or in part of judges of the courts of this commonwealth, one or more of whom has now, under the constitution, become disqualified from exercising such appointing power, the remaining members of the appointing board or body shall continue to act, nevertheless, with the same powers and authorities as before.

Ibid. § 2.

When appointing power to be vested

in the common pleas.

18 March 1875 § 2. P. L. 25.

Clerks to judges.

24. Whenever, in any such case, the whole appointing board or body shall, by reason of the reorganization under the present constitution of the courts from which its members are taken, cease to exist in its aggregate capacity or shall lose a majority of its judicial members, all its powers and authorities shall be vested in and exercisable by the court or courts of common pleas of the particular county or the judges thereof: Provided, That where only the president judges of such pre-existent court or courts shall have been members of such appointing board or body, the said powers and authorities shall be vested in like manner only in the president judge or judges of the court or courts of common pleas of the particular county.

25. Whenever necessary, it shall be the duty of the prothonotary, district-attorney and clerks of the several courts to appoint or detail such clerks or deputies as shall enable the several judges to properly dispose of the business before their respective courts.

JUDGMENT.

See ARREST OF JUDGMENT; EVIDENCE; FOREIGN JUDGMENTS; JUSTICES OF THE PEACE; PAYMENT INTO COURT; PRACTICE.

V. OF TRANSFERRING JUDGMENTS TO
ANOTHER COUNTY.

30. Judgments may be certified to another county. Duty of prothonotary, on receipt thereof. Effect of such certified judgment.

31. Extended to judgments in the supreme court. 32. Lien of original judgment not to be affected. 33. Judgments may be transferred, notwithstanding death of parties. Such judgments to be restored, if stricken off. 34. Awards may be transferred. Satisfaction. 35. Proceedings after judgment.

VI. OF THE JUDGMENT-DOCKET. 36. Prothonotaries to keep a judgment-docket. How entries to be made therein. Fees.

37. Appropriations of money, in part payment, to be noted thereon.

38. Judgments entered on appearance or continuance dockets validated, in certain cases. Purchasers not to be affected.

39. Or subsequent judgment-creditors. 40. Judgments need not be entered on appearance or continuance dockets, in certain counties.

41. No lien to be valid against purchasers, &c., unless entered on judgment-index.

42. Assignments of judgments to be indexed. 43. Fees.

44. Not to repeal special laws.

45. Judgments entered on ad sectum docket declared valid. What such docket to set forth.

46. Scire facias to be entered on ad sectum docket. 47. Courts may make rules as to entries on appearance and D. S. B. dockets.

VII. OPENING JUDGMENT.

48. Upon opening judgment, defendant may pay money into court.

49. How appropriated.

50. Lien of judgment to be discharged.
51. Duty of prothonotary.

VIII. THE SATISFACTION OF JUDGMENTS. 52. Satisfaction to be entered of record, at request of defendant. Penalty for neglect.

53. Proceedings to obtain entry of satisfaction, in Philadelphia. Party to apply by petition. Court to decree satisfaction to be entered.

54. How notice to be given.

55. Auditors may be appointed or issue awarded. 56. Prothonotary to enter satisfaction in certain cases. Fees. Judge's certificate to be filed.

57. When prothonotary to enter satisfaction. 58. Courts may order satisfaction to be entered, on petition and hearing.

59. Satisfaction to be marked on all books, dockets and indexes. 60. Repealing clause.

I. Entry of judgment.

24 Feb. 1806 § 28. 4 Sm. 278.

1. It shall be the duty of the prothonotary(s) of any court of record, within this Prothonotary to commonwealth, on the application of any person(t) being the original holder, (or enter judgment on assignee of such holder) of a note, bond or other instrument of writing(u) in which in judgment is conjudgment is confessed, or containing a warrant for an attorney at law or other per- fessed, &c.

(8) See tit. " Actions Personal.”

(t) A judgment entered on the application of the defendant, is irregular, and will be stricken off. Ingersoll v. Dyott, 1 M. 245. The prothonotary is bound to follow the directions of the plaintiff in making the entry. Commonwealth v. Conard, 1 R. 252.

(u) It must be an instrument of a similar kind, binding the party to the payment of some certain

instrument where

sum of money, or to do some definite thing. White v. Shriver, 2 W. 474. Gorden v. Bartley, 4 W. N. C. 37. Connay v. Halslead, 73 P. S. 354. It requires neither attestation nor acknowledgment. Caldwell v. Walters, 18 P. S. 86. It need not be under seal. Cook v. Gilbert, 8 S. & R. 567. See Betz v. Valer, 39 L. I. 190. Smith v. Pringle, Ibid. 356.

4 Sm. 278.

24 Feb. 1806 § 28. son to confess judgment, to enter judgment (v) against the person or persons who executed the same, for the amount which, from the face of the instrument, may ap pear to be due, without the agency of an attorney, or declaration filed, with such stay of execution as may be therein mentioned, for the fee of one dollar, to be paid by the defendant; particularly entering on his docket, the date and tenor of the instrument of writing on which the judgment may be founded, which shall have the same force and effect, as if a declaration had been filed, and judgment confessed by an attorney, or judgment obtained in open court, and in term-time; and the defendant shall not be compelled to pay any costs or fee to the plaintiff's attorney when judgment is entered on any instrument of writing as aforesaid.

22 April 1889. P. L. 41.

Courts may au

thorize prothono

tary to enter certain judgments.

6830 § 1.

L. 277.

Judgment against

one of several defendants not to bar others not served.

recovery against

Ibid. § 2.

Nor amicable confession of judg

ment.

2 Aug. 1842 § 6.

P. L. 459.

Judgments in actions against

at different times.

2. The courts of this commonwealth may, by rule or standing order, authorize the prothonotary to enter judgment upon præcipe for want of an appearance, for want of a declaration or plea, or for want of an affidavit of defence, and to enter judgment thereon with the same effect as if moved for in open court.

II. Judgments against joint debtors.

3. In all suits now pending or hereafter brought in any court of record in this commonwealth,(w) against joint and several obligors, copartners, (x) promisors or the indorsers of promissory notes, in which the writ or process has not been or may not be served on all the defendants, (y) and judgment may be obtained against those served with process, (z) such writ, process or judgment shall not be a bar to recovery in another suit(a) against the defendant or defendants, not served with process. (b)

4. In all cases of amicable confession of judgment by one or more of several obligors, copartners or promisors, or the indorsers of promissory notes, such judgment shall not be a bar to recovery in such suit or suits as may have to be brought against those who refuse to confess judgment.(c)

5. In all original actions and proceedings to revive judgment, which have been or hereafter may be instituted against two or more defendants, in which judgment has been entered on record, at different periods, against one or more of said defendants, by confession or otherwise, or hereafter may be so entered, the entries so several defendants, made or to be made, shall be considered good and valid judgments against all the defendants, as of the date of the respective entries thereof, and the day of the date of the last entry shall be recited in any subsequent proceeding by scire facias or otherwise, as the date of judgment against all of them, and judgment rendered accordingly: Provided, That the provisions of this section shall not affect the liens of any such judgment.

Ibid. § 7. Effect thereof.

11 April 1848 § 4. P. L. 536.

Suits against executors of deceased partner.

6. Where an entry of judgment has or shall be made on the records of any court against two or more defendants, at different periods, such entries shall operate as good and valid judgment against all the defendants; and the plaintiff may proceed to the collection of the money due thereon, with costs, as if the entries had all been made at the date of the latest entry.

7. In any suit or suits which may hereafter be brought against the executors or administrators of a deceased copartner, for the debt of the firm, it shall not be necessary to aver on the record, or prove on the trial, that the surviving partner or partners is or are insolvent, to enable the plaintiff to recover.

(v) No declaration need be filed, though the warrant require it. Montelius v. Montelius, Bright. 79. And see Ely v. Karmany, 23 P. S. 314. Rex v. Nelson, 39 L. I. 190. As to the form of entering judgment, see Helvete v. Rapp, 7 S. & R. 306. Commonwealth v. Conard, 1 R. 252. The prothonotary has no power to note a waiver of inquisition. Hope v. Everhart, 70 P. S. 231. See Hageman v. Salisbury, 74 Ibid. 280. Caldwell v. Walters, 18 P. S. 86. Judgment cannot be entered upon a warrant of attorney, after the death of the defendant. Lanning v. Pawson, 38 P. S. 480. See Webb v. Wiltbank, 1 Clark 324. But judgment may be entered on a note containing a confession of judgment, notwithstanding the lapse of more than six years from its maturity. Morris v. Hannick, 10 Phila. 571. The prothonotary will not be compelled to enter one judgment on several judgment notes for one fee. Moyer v. Wren, 9 C. C. 441.

(w) It includes proceedings before a justice of the peace. Vanemen v. Herdman, 3 W. 203. It is a remedial statute, and to be liberally construed. Moore v. Hepburn, 5 P. S. 401. Campbell v. Steele, 11 Ibid. 394. Bennett v. Cadwell, 70 Ibid. 253. Myers v. Nell, 4 W. N. C. 229.

(x) Joint-owners of a steamboat are within the act. Campbell v. Steele, 11 P. S. 394.

(y) It is applicable to cases, not only of joint contract, but also of joint action. Lewis v. Williams, 6 Wh. 268. The original process should be issued against all the defendants. Moore v. Hepburn, 5 P. S. 402. And the issuing of an execution on the first

judgment, will not prejudice the right to sue the other parties. Vanemen v. Herdman, 3 W. 202.

(z) It does not extend to the case of a defendant dying pending the action. Walter v. Ginrich, 2 W. 204. Finney v. Cochran, 1 W. & S. 112. It renders the deceased partner's estate liable, in the first instance, whether the survivor be solvent or insolvent. Brewster's Administratrix v. Sterrett, 32 P. S. 115. Moore's Appeal, 34 Ibid. 411.

(a) The second writ should be issued only against the defendant not served. Magaw v. Clark, 6 W. 528. And from the same forum. Wann v. Pattengale, 14 P. S. 313. Otherwise, it will not take the case out of the statute of limitations. Ibid. The partnership debt is recoverable against the executors of the deceased partners, even pending a suit against the survivors. Creswell v. Blank, 3 Gr. 320. And the judgment against the survivor, is not evidence against the representatives of the deceased partner, for they were no parties to it. Moore's Appeal, 34 P. S. 411.

(b) See Stewart v. Martin, 2 W. 202. Moore v. Hepburn, 5 P. S. 399. Miller v. Reed, 3 Gr. 52.

(c) This has reference to subsequent separate actions against the parties. If, in a joint action, the plaintiff accept a confession of judgment from one of the defendants, it is a bar to further proceedings against the others. Welsh v. Hirst, 1 Phila. 50. See Weikel v. Long, 55 P. S. 238. Finch v. Lamberton, 62 Ibid. 370.

8. Where a judgment shall be hereafter recovered against one or more of several 11 April 1848 § 5. copartners, or joint and several obligors, promisors or contractors, without any plea P. L. 536. in abatement, that all the parties to the instrument or contract on which the suit Judgment against is founded, are not made parties thereto, such judgment shall not be a bar to a one of several joint recovery in any subsequent suit or suits, against any person or persons who might action against have been joined in the action in which such judgment was obtained, (d) whether others not joined. the same shall be obtained amicably or by adversary process.

debtors not to bar

9. Where a judgment shall hereafter be obtained against two or more copartners, Ibid. § 3. or joint or several obligors, promisors or contractors, the death of one or more of Death of one of the defendants shall not discharge his or their estate or estates, real or personal, several judgment from the payment thereof; but the same shall be payable by his or their exec- debtors not to disutors or administrators, as if the judgment had been several against the deceased charge his estate.

alone.

4 April 1877 § 1. P. L. 52.

fault against one of

10. Where judgment has been or may hereafter be obtained in any court of record of this commonwealth, against one or more of several co-defendants, in Judgment by dedefault of appearance, plea or affidavit of defence, (e) said judgment shall not be a several defendants bar to recovery in the same suit against the other defendants jointly or jointly and not to bar a recovseverally liable as co-obligors, copartners or otherwise.

ery against the others.

22 April 1856 § 8.

&c.

P. L. 534.

11. Whensoever the real estate of several persons (g) shall be subject to the lien of any judgment to which they should, by law or equity, contribute, or to which one should have subrogation against another or others, it shall be lawful for any How contribution one having right to have contribution or subrogation, (h) in case of payment, upon compelled against suggestion by affidavit, and proof of the facts necessary to establish such right, to joint defendants, obtain a rule on the plaintiff, to show cause why he should not levy upon and make sale of the real estate liable to execution for the payment of said judgment, in the proportion, or in the succession, in which the properties of the several owners shall, in law or equity, be liable to contribute towards the discharge of the common incumbrance, (i) otherwise, upon the payment of such judgment, to assign the same for such uses as the court may direct; (k) and the court shall have power to direct Powers of the to what uses the said judgment shall be assigned, and when assigned, direct all court. executions thereupon, so as to subserve the rights and equities of all parties whose real estate shall be liable thereto; and if the plaintiff shall refuse to accept his debt and make such assignment of his judgment, the executions thereupon in the hands of the plaintiff, shall be so controlled and directed by the court as to subserve said rights and equities.

III. Interest on judgments.

12. Lawful interest shall be allowed to the creditor for the sum or value he 1700 § 2. 1 Sm. 7. obtained judgment for, from the time the said judgment was obtained, till the time of sale, or till satisfaction be made.

IV. Of the lien and revival of judgments.

Judgments to carry interest.

13. Any judge or officer of any of the courts of record within this province, that 21 March 1772 § 2. shall sign any judgments, shall, at the signing of the same, without fee for doing 1 Sm. 390. the same, set down the day of the month and year of his so doing upon the paper, Time of signing book, docket or record, which he shall sign; which day of the month and year judgment to be shall be also entered upon the margin of the record, where the said judgment shall be entered.(1)

recorded.

Ibid. § 3.

14. Such judgments, as against purchasers bonâ fide for valuable consideration of lands, tenements or hereditaments to be charged thereby, shall, in consideration Relation of judg of law, be judgments only from such time as they shall be so signed, (m) and shall ments.

(d) The estate of a co-promisor, in a joint note, who was a mere surety, is not discharged from liability by his death, leaving the party, principal, surviving, but insolvent; such case, though not within the letter, is within the spirit of this act. Bowman v. Kistler, 33 P. S. 106. Keller's Estate, 1 Leg. Chron. 189.

(e) This includes judgments for want of a sufficient affidavit of defence. Bean v. Seyfert, 12 Phila. 224.

(7) This was intended as well to secure the legal rights of the plaintiff in a judgment, as the equities of the terre-tenants under a common incumbrance. Arna's Appeal, 65 P. S. 72.

(h) The right to contribution or subrogation must be clear, to authorize a proceeding under this act. Wilson v. Ritchie, 4 W. N. C. 37. The amount which the substituted creditor has a right to collect from the adverse party, must have been ascertained. Fessler v. Hickernell, 82 P. S. 150. This act does not give the right of subrogation, but merely provides a mode of enforcing such a right. Milligan's Appeal,

104 P. S. 503.

(i) See Reddy's Appeal, 72 P. S. 98.

(k) The rule must be in the alternative. Gunther v. Fuller, 3 Luz. L. Reg. 1. Wade v. Filan, 5 Ibid. 106. (1) A judgment, by default, in assumpsit, is not a lien, until the amount be liquidated by an assessment of the damages. Philadelphia Bank v. Craft, 16 S. & R. 347. It is otherwise, in debt, Commonwealth v. Baldwin, 1 W. 56-7; or where the plaintiff's demand is in the nature of a debt, which may be ascertained by calculation. Lewis v. Smith, 2 S. & R. 142, 155. Sellers v. Burk, 47 P. S. 344. And see McCune v. Hogan, 3 Pitts. L. J. 70; and Stephens's Executors' Appeal, 38 P. S. 9. A judgment against a municipal corporation is not a lien on its real estate. Schaffer v. Cadwalader, 36 P. S. 126.

(m) They are liens only from the time of entry. Welch v. Murray, 4 Y. 201; s. c. 4 Dall. 320. And there is no priority between judgments entered on the same day, they are to be paid pro rata. Metzler v. Kilgore, 3 P. & W. 245. And so, as to a mortgage and judgment entered on the same day. Clawson v. Eichbaum, 2 Gr. 130. But as between a judgment and a conveyance, the lien of the judgment begins with the

21 March 1772 § 3. not relate to the first day of the term(n) whereof they are entered, or the day of the return of the original, or filing of the bail, any law, usage or course of any court to the contrary notwithstanding.(0)

15. No judgment (p) hereafter entered, in any court of record within this commonwealth, shall continue a lien on the real estate of the person against whom Lien of judgments. such judgment may be entered, during a longer term than five years (q) [from the first return-day of the term(r) of which such judgment may be so entered,] unless the person who may obtain such judgment, or his legal representatives, or other May be revived by persons interested, shall, within the said term of five years, sue out a writ of scire facias,(s) to receive the same.(t)

16. All such writs of scire facias shall be served on the terre-tenants (u) or persons occupying(v) the real estates bound by the judgment; (w) and also, where he or they can be found, (x) on the defendant or defendants, his or their feoffee or feoffees, or on the heirs, executors or administrators(y) of such defendant or defendants, his or their feoffee or feoffees; and where the land or estate is not in the immediate occupation of any person, and the defendant or defendants, his or their