3 Sm. 381. feoffee or feoffees, or their heirs, executors or administrators, cannot be found, proc- 4 April 1798 § 3. lamation shall be made, in open court, at two succeeding terms, (2) by the crier of the court in which such proceedings may be instituted, calling on all persons interested, to show cause why such judgment should not be revived. And on proof of the due service thereof, or on proclamation having been made in the manner hereinbefore set forth, the court from which the said writ may have issued, shall, unless sufficient cause to prevent the same is shown, at or before the second term subsequent to the issuing of such writ, direct and order the revival of any such judgment, during another period of five years, against the real estate of such defendant or defendants. And proceedings may, in like manner, be had again to revive any such judgment, at the end of the said period of five years, and so from period to period, as often as the same may be found necessary. 1 June 1887. P. L. 289. 17. All judgments entered in any court of record in this commonwealth, or revived in manner prescribed by this act, or the act to which this is a supplement, shall continue a lien on the real estate of the defendant for the term of five years(a) To be a lien but from the day of entry or revival; and no judgment shall continue a lien on such for five years. real estate for a longer period than five years from the day on which such judgment may be entered or revived, (b) unless revived, within that period, by agreement of the parties and terre-tenants(c) filed in writing and entered on the proper docket(d) or a writ of scire facias to revive the same be sued out within said period (e) according to the provisions of the act to which this is a supplement, notwithstanding an Notwithstanding execution may be issued within a year and a day from the rendering of such execution may judgment, or a stay of execution may be entered on such judgment, or a time subsequent to the rendering of such may be appointed, by agreement of the parties, for the payment of the money for which such judgment may be rendered, or any part thereof, or notwithstanding any other condition or contingency may be Or any continattached to such judgment; nor shall the revival of such judgment, by agreement, gency or condition. as aforesaid, or the issuing of a scire facias, either with or without entry of judg have issued. ment thereon, have the effect of continuing such lien for a longer period than five Effect of revival. years from the day on which it may be entered or revived, or such scire facias may have issued.(g) Ibid. 18. No proceeding shall be available to continue the lien of said judgment against a terre-tenant, whose deed for the land bound by said judgment has been recorded, except by agreement in writing signed by said terre-tenant, and entered Continuance of lien on the proper lien docket, or the terre-tenant or terre-tenants be named as such in the tenants. original scire facias.(h) against terre 19. Upon all judgments already entered, or which may hereafter be entered in 26 March 1827 § 3. any court of record within this commonwealth, it shall be lawful to sue out a writ 9 Sm. 803. of scire facias to revive the same, according to the provisions of this act, and the Judgments may be act to which this is a supplement, or to revive the same by agreement of the revived prior to time of payment. parties, filed and docketed as aforesaid, notwithstanding the day for the payment of the money for which such judgment may be rendered, or any part thereof, may not have arrived, at the time of suing out such writ of scire facias, or the arrival of such judgment by agreement as aforesaid, and notwithstanding any other condition or contingency may be attached to such judgment, or any execution may have been issued on such judgment; and moreover, no order or rule of court, or any other process or proceeding thereof, (i) shall have the effect of obviating (z) Judgment may be had on two nihils, which is equivalent to service. Compher v. Anawalt, 2 W. 490. Colley v. Latimer, 5 S. & R. 211. Chambers v. Carson, 2 Wh. 9; s. c. Ibid. 365. Warder v. Tainter, 4 W. 274. Taylor v. Young, 71 P. S. 81. (a) The issuing of a sci. fa. on the last day of the five years, will continue the lien. Davidson v. Thornton, 7 P. S. 128. And the time is to be calculated, excluding the day on which the judgment was entered. Green's Appeal, 6 W. & S. 327. But it must be duly prosecuted. Westmoreland Bank v. Rainey, 1 W. 26. The plaintiff has five years in which to obtain his judgment of revival. Silverthorn v. Townsend, 37 P. S. 263. See Hood's Appeal, 51 Ibid. 204. (b) See Bombay v. Boyer, 14 S. & R. 253. Arrison v. Commonwealth, 1 W. 374. Meason's Estate, 4 Ibid. 341. Cathcart v. Potterfield, 5 Ibid. 163. (c) The revival of a judgment, by agreement, to which the terre-tenant was not a party, will not continue the lien as to him. Armstrong's Appeal, 5 W. & S. 352. But the original defendant need not be a party to an agreement by the terre-tenant, to revive the judgment as to the part of the land aliened to him. Sames's Appeal, 26 P. S. 184. See infra 23, as to when the limitation begins to run in favor of a terre-tenant. (d) The amicable sci. fa. must be separately docketed. McCleary's Appeal, 1 W. & S. 299. And it may be extended to revive several judgments, by consolidation, and include even those assigned to the plaintiff and held for his use. Reed's Appeal, 7 P. S. 65. (e) If a sci. fa. be sued out within five years, which is returned tarde venit, and an alias issue, after the expiration of that period, and after a term has intervened, the process may be connected, and the commencement of the proceeding must be referred to the issuing of the original sci. fa. Pennock v. Hart, . 8 S. & R. 369. A lapse of two years from the return of the sci. fa., without any proceeding on it, does not operate as a discontinuance. Davis v. Jones, 12 S. & R. 60. The plaintiff has five years in which to prosecute it to judgment. Silverthorn v. Townsend, 37 P. S. 263. Lickty v. Hochstetter, 91 Ibid. 444. Kirby v. Cash, 93 Ibid. 505. A sci. fa. that does not correctly recite the original judgment, will not continue its lien, though amended, by leave of court, after the expiration of the five years. Arrison v. Commonwealth, 1 W. 374. (g) Where the lands have been sold on execution, the lien continues against the proceeds, without revival. Commonwealth v. Gleim, 3 P. & W. 417. Commonwealth v. Rogers, Bright. 450. The 2d section of this act made provision for existing judgments, the lien of which was further extended for one year, by act 23 March 1829. 10 Sm. 308. And see Ebright v. Bank, 1 W. 397. (h) This is an amendment of the act 26 March 1827, § 1, 9 Sm. 303. (i) As, opening the judgment to let the defendant into a defence. Fricker's Appeal, 1 W. 393. Glon 26 March 1827 § 3. the necessity of the revival, in manner herein prescribed, of any judgment what 9 Sm. 303. 21 April 1840 § 1. P. L. 449. Lien of award of arbitrators. 20 March 1799 § 14. 3 Sm. 358. Judgments in supreme court. 6 May 1844 § 4. P. L. 565. 16 April 1849 § 8. P. L. 664. Limitation of lien as to terre-tenants. 4 May 1852 § 1. P. L. 584. How lien of judgment to be continued in a new county. 11 April 1862 § 1. P. L. 484. Scire facias may issue to continue the lien of judgments against soldiers in actual service. When judgment of revival to be entered. Ibid. § 2. When alias to issue. 23 March 1877 § 1. P. L. 34. Verdicts to be a lien. Ibid. § 2. ever. 20. No award of arbitrators now entered, or hereafter to be entered, shall continue a lien upon the real estate of the property against whom the same shall have been made, for a longer period than five years from the day on which such award shall be or shall have been entered, notwithstanding any appeal which may have been entered therefrom, unless revived(k) within that period, according to the provisions of the act to which this is a supplement, and the supplement to the same, passed March 26th, A.D. 1827.(1) 21. No judgment rendered in the supreme court [or in the circuit courts] shall be a lien on real estates, excepting in the county in which such judgment shall be rendered.(m) 22. All judgments heretofore entered on writs of scire facias quare executionem non, shall have the same effect to revive and continue the lien of the original judgment, as if entered upon writs of scire facias post annum et diem.(n) 23. In all cases when a judgment has been or shall be regularly revived between the original parties, the period of five years, during which the lien of the judg ment continues, shall only commence to run in favor of the terre-tenant, from the time that he or she has placed their deed on record:(0) Provided, That this act shall not apply to any cases which have been fully adjudicated, or when the terretenant is in actual possession of the land bound by such judgment, by himself or tenant.(p) 24. In all cases of the erection of a new county out of part or parts of one or more other counties, where judgments were originally entered in the old county or counties, and have been or shall be transferred into the new, and therein shall be or shall have been proceeded in by scire facias, within five years from the last rendition of judgment in the old county or counties, the lien thereof shall be continued and preserved as to real estate in the new county, although the same shall not have been revived in the old county: Provided, That this act shall not affect any case where the money has been distributed. 25. In all cases where there are judgments against any person or persons, who have been or may be mustered into the service of this state, or of the United States, it shall be lawful for the plaintiff or plaintiffs in such judgments to issue writs of scire facias for revival of the same, the issuing of which writ, on any such judgment, shall be sufficient to continue the lien of the same, but judgment of revival shall not be entered during the time the defendant is, or defendants are, in actual service, as aforesaid; and before taking judgment, after such defendant or defendants shall have been discharged from service, it shall be the duty of the plaintiff or plaintiffs, to give notice to the defendant or defendants, of the intended application to the court for judgment, at least ten days before such judgment shall be asked for, and said defendant or defendants shall have the right to enter an appearance and take defence, as in other cases. 26. If, within three months after the term of service of any such defendant or defendants shall have expired, or when they shall have been discharged, he or they shall not return to, and acquire a residence in the county in which such judgment is entered, it shall be lawful for the plaintiff or plaintiffs, to issue an alias scire facias, and upon a return of nihil thereon, the court may render judgment of revival of such judgment. 27. Whenever a verdict is rendered by a jury, in any of the courts of common pleas of this commonwealth, for any specific sum of money, in such case, the verdict shall be a lien upon the real estate, situate within the proper county, of the party or parties against whom said verdict shall be rendered, which lien shall remain, unless the court grant a new trial or arrest the judgment; and it shall be the duty of the prothonotary of the court of common pleas, to enter such verdict on the liendocket where judgments are entered, marking the same verdict," and specifying the amount of said verdict and the date of its rendition.(q) 28. In case the court shall overrule any motion for a new trial or in arrest of inger v. Hazard, 4 Phila. 354. Cope's Appeal, 96 P. S. 294. Or the opening of a judgment and entering judgment for the other party, which was subsequently reversed on error. Styer's Appeal, 21 P. S. 86-9. See Boal's Appeal, 2 R. 37. A sci. fa. to revive. may issue pending a writ of error. Building Association v. Byrne, 6 W. N. C. 253. (k) Hagenman v. Fichthorn, 1 Wood. 442. (2) Prior to this act, an award was a lien, during the pendency of an appeal. Ramsey's Appeal, 4 W. 71. Dietrick's Appeal, Ibid. 208. The 2d section of this act made provision for existing awards. A judgment on the appeal, entered within five years of the award, continues the lien thereof for five years, without a scire facias to revive. Bank of Northumberland's Appeal, 100 P. S. 418. (m) The lien of a judgment in the circuit court of the United States, extends over the entire circuit, and binds lands situate in any part of it. Ex parte McGill, 6 P. S. 505. Massingill v. Downs, 7 How. 760. Bayard v. Lombard, 9 Ïbid. 530; s. c. 1 Wall. Jr. C. C. 196. (n) Dougherty's Estate, 9 W. & S. 189. Man v. Drexel, 2 P. S. 203. For form of sci. fa. to revive, see 2 T. & H. Pr. § 2084. (0) See Porter v. Hitchcock, 98 P. S. 625. This does not affect the question of actual notice. McCray v. Clark, 82 Ibid. 457. (p) See Armstrong's Appeal, 5 W. & S. 352. Schock v. Bankes, 1 Leg. Chron. 218. Windle v. Brown, 1 Chest. Co. R. 294. (q) A verdict which has been docketed as a lien is not transferrible to another county before judgment thereon. Bailey v. Eden, 90 P. S. 446. A verdict for defendant cannot be entered as a lien on the judg ment index. Deacon v. Greenfield, 26 W. N. C. 204. judgment, now pending, the lien of the verdict in such case shall date from the time of its rendition: Provided, however, That no innocent purchasers without notice shall be prejudiced thereby. Lien of judgment to refer to the date erty. P. L. 840. 29. The defendant in any judgment may apply, by petition, to any of the courts of the verdict. in said city and county (of Philadelphia) setting forth that a judgment in force 6 Sept. 1860 § 2. against him in such court is apparently a lien on real estate, against which the plaintiff or plaintiff's is not equitably entitled to enforce the same, and would not Proceedings in be entitled to claim any part of the proceeds thereof, by virtue of said judgment, if Philadelphia, to try whether a judg the property were sold by any judicial sale whatsoever; to which petition shall be ment be a lien on attached a description of the property so claimed to be exempt from the lien of the a particular propjudgment; whereupon the court shall issue a citation, directed to the plaintiff or Citation. plaintiffs, to show cause why a decree should not be made that the lien of such judgment should not extend to said property, or affect the title thereof; and unless the Decree. plaintiff or plaintiffs shall, in answer thereto, aver, under oath or affirmation, that he or they believe the judgment to be an existing lien on such property, or part thereof, specifying what part, which he or they are legally and equitably entitled to enforce as such, and that he or they claim and desire so to hold and enforce such judgment, the court shall make a decree, such as aforesaid, and the property in question shall be and remain for ever discharged from the lien of such judgment. If the plaintiff should answer the citation as aforesaid, then the court shall order Issue. an issue to be formed to try the question, whether the judgment is an existing lien, which the plaintiff is legally and equitably entitled to enforce as aforesaid; and on the determination of such issue, if decided against the defendant, his petition shall be dismissed, and if against the plaintiff, a decree such as aforesaid, discharging the property from the lien of the judgment, shall be made: Provided, however, That if the answer and claim of the plaintiff, as aforesaid, shall apply only to part of the property in the defendant's petition mentioned, the issue shall only refer to such part; and a decree discharging the residue of the property from the lien of the judg ment as aforesaid, shall at once be made, without the determination of the issue: And provided also, That whenever the defendant shall deposit in court an amount Payment of money of money sufficient to cover the judgment, interest and costs, or the bonds of this into court. commonwealth to an equal value, in the opinion of the court, from which, in case the issue should be decided against him, the judgment shall be paid, and otherwise returned to the defendant or his assigns, the decree, discharging the land from the decree (lien) of the judgment shall at once be made; the proceedings in the issue otherwise to proceed, the money or the securities aforesaid being substituted for the land: And provided further, That the defendant making any such application as Costs. aforesaid, shall pay the cost of any such proceedings, including a reasonable fee to plaintiff's attorney, to be fixed by the courts, and shall give security therefor, before the issuing of any citation as aforesaid.(r) V. Of transferring judgments to another county. P. L. 410. county. tary, on receipt 30. In addition to the remedies now provided by law, hereafter, any judg- 16 April 1840 § 1. ments,(s) in any [district court or] court of common pleas in Pennsylvania may be transferred from the court in which they are entered, to any other [district court Judgments may be or] court of common pleas in this commonwealth, by filing of record in said other certified to another court, a certified copy of the whole record in the case.(t) And any prothonotary receiving such certified copy of record, in any case in which judgment has been auty of prothonoentered by another court, or in another court, by transcript from justices of the thereof. peace, shall file the same, and forthwith transcribe the docket-entry thereof into his own docket;(u) and the case may then be proceeded in and the judgments and costs collected by excutions, (v) bill of discovery or attachment, as prescribed by the act entitled "An act relating to executions," passed the 16th day of June 1836; and Effect of such ceras to lien, (w) revivals, executions, and so forth, it shall have the same force and tified judgment. (r) See act 22 March 1865, P. L. 574, for a similar enactment for Berks county. (s) A verdict, though docketed as a lien, is not transferrible to another county, before judgment thereon. Bailey v. Eden, 90 P. S. 446. Where a county is divided, a judgment entered in the old County upon an exemplification from another county may be transferred to the new county. Loomis v. Griffin, 1 C. P. 109. But a judgment for want of an appearance is not removable before an assessment of the damages. Connell v. Miller, Ibid. 67. An (1) A certified copy of the docket-entries is not sufficient. Updergraff v. Perry, 4 P. S. 291. execution will be set aside, upon its being shown to the court, that the whole record was not certified, and that proceedings were pending and undetermined in the county where the judgment was obtained. Bank of Chester County v. Olwine, 3 Clark 507. But if it be duly certified, the court to which it is transferred has no power over it, except for purposes of execution and satisfaction; it can take no action operating on the judgment itself. King v. Nimick, 34 P. S. 297. Baker v. King, 2 Gr. 254. (u) It does not thereby become a judgment of the court of the county in which it is entered; it is but evidence of a judgment in the court in which it was originally obtained. Brandt's Appeal, 16 P. S. 343. And it cannot be transferred from the court in which it has been so entered, to a third. Mellon v. Guthrie, 51 P. S. 116. An (v) The court in which it is entered has no power to set it aside; that court is restricted to the enforcement of it. Brandt's Appeal, 16 P. S. 346. See Wilkinson v. Conrad, 10 W. N. C. 22. Loftus v. Birmingham, 1 Lack. L. Rec. 425. Gordon's Estate, 9 Phila. 350. Shearer v. Barr, 1 W. N. C. 158. execution cannot be issued on a judgment so transferred, whilst one is outstanding in another county; until returned, the law presumes the first execution to be a satisfaction of the debt. Leedom v. Jones, 1 Leg. & Ins. R. 85. (w) Such transfer creates a new lien, from the 16 April 1840 § 1. P. L. 410. 2 April 1841 § 11. L. 142. effect, and no other, as if the judgment had been entered, or the transcript been originally filed in the same court to which it may thus be transferred. 31. The provisions of the first section of the act of 16th of April 1840, entitled "An act relating to executions, and for other purposes," shall be extended to judgExtended to judgments rendered in the city and county of Philadelphia, in the supreme court for the eastern district of Pennsylvania; and said judgments may be transferred to any [district court or] court of common pleas of the commonwealth, under the provisions of said act. ments in the supreme court. 4 April 1843 § 7. P. L. 132. 32. The first section of the act of the 16th April 1840, entitled "An act relating to executions, and for other purposes," shall not be so construed as to destroy or impair the validity of the lien of any judgment in the county in which the same judgment not to be was originally entered, or 'to which the same may be transferred under the provisions of said section. Lien of original affected. 16 April 1845 § 11. P. L. 540. transferred not withstanding death of parties. 33. It is hereby declared to be the true intent, meaning and construction of the first section of the act entitled "An act relating to executions, and for other purJudgments may be poses," approved April 16th, 1840, that any record therein mentioned, wherein any party to the judgment may at any time have died, might be transmitted and filed in any court in any county, either before or after the substitution of the legal representatives of any deceased party, and the substitution be made after filing such record;(x) and that in all cases in which any such record should be transferred and filed before any such substitution, the court into which the record might be removed, should, after substitution of parties, proceed thereon as if the judgment had been originally entered in said court; and no judgment or record so transmitted and filed, before such substitution, shall be set aside, stricken off, or in any way affected or invalidated, by reason of there being no substitution of parties Such judgments to before such transmission and filing thereof; and all records and judgments which may have been set aside, or stricken off, shall be and the same are hereby restored, to all intents and purposes: Provided, This section shall not interfere with or affect any case which may have been adjudicated by the supreme court, or settled by the parties in interest: Provided also, That this section shall not affect any interest of any person who may have entered any judgment subsequent to such setting aside or striking off, and before such restoration.(y) be restored, if stricken off. 5 May 1876 § 1. P. L. 110. Awards may be transferred, to create a lien. Satisfaction. Ibid. § 2. Proceedings after judgment. 29 March 1827 § 3. 9 Sm. 819. Prothonotary to keep a judgmentdocket. 34. In addition to the remedies now provided by law, any award of arbitrators, in any court of common pleas, either before the time limited for an appeal has expired, or after the appeal has been entered, may be transferred to any other court of common pleas in this commonwealth, by filing of record, in said other court, a certified copy of the whole record in the case. Whenever an appeal is entered, after such record has been transferred, it shall be the duty of the plaintiff, within twenty days thereafter, to file, with such transferred record, a certificate of the entry of such appeal. And any prothonotary receiving such certified copy of record or certificate, shall file the same, and forthwith transcribe the docket-entry thereof into his own docket; and thereupon such award shall continue a lien on the real estate of the defendant, in the county to which the same has been transferred, until reversed upon appeal, or satisfied according to law. Upon judgment entered on the appeal, or upon a satisfaction of the judgment, it shall be the duty of the plaintiff, within twenty days thereafter, to file with said transferred record, a certificate of said judgment or satisfaction. Any neglect of the plaintiff to file the certificate of appeal, judgment or satisfaction, as aforesaid, within the time herein provided, shall entitle the defendant, or any other person interested, to have said transferred record stricken off. 35. After judgment, the plaintiff may proceed upon said transferred record and judgment, for the collection thereof, with costs, by execution, bill of discovery or attachment, in like manner as if the same were a judgment of the court to which it has been transferred. VI. Of the judgment-docket. 36. It shall be the duty of each of the prothonotaries of the several courts of common pleas, [district courts and circuit courts] in this commonwealth,(z) to make, prepare and keep a docket, to be called the judgment-docket, in which said date of its entry; but it does not carry with it the lien of the original judgment. Hays's Appeal, 8 P. S. 182. Such lien continues for the full period of five years, from the filing of the transcript. Knauss's Appeal, 49 P. S. 419. The lien continues for five years after removal, and execution can be issued any time within five years after such removal; and this, though the lien of the original judgment may have been lost. Smith v. Gosline, 43 L. I. 260. If the original judgment be set aside, for irregularity, the judgment on the transcript falls with it; and a new judgment obtained in the original case is not a lien in the county in which the transcript was first entered. Brandt's Appeal, 16 P. S. 343. King v. Nimick, 34 Ibid. 297. Baker v. King, 2 Gr. 254. See Kittanning (2) Where there is no administrator, such transfer may be made by a creditor of the plaintiff, to secure the assets; or by one of the heirs. Walt's Administrators v. Swinehart, 8 P. S. 97. (y) This last proviso is added to the act, by resolution of 16 April 1845, P. L. 558. And by act 24 January 1849, P. L. 676, it is not to affect prior vested rights. The act 5 June 1885, P. L. 78, authorizes the transfer of decrees in equity and in the Orphans' Court. (z) See act 5 April 1866, P. L. 533, as to Warren county; act 23 February 1867, P. L. 246, as to Lancaster county; and act 2 March 1867, P. L. 346, as to Cambria county. docket no case shall be entered until after there shall have been a judgment or 29 March 1827 § 3. award of arbitrators in such case, and into which shall be copied the entry of 9 Sm. 819. every judgment (a) and every award of arbitrators, immediately after the same How entries to be shall have been entered; (b) which entries, so to be made in the said judgment- made therein. docket, shall be so made that one shall follow the other in the order of time in which the said judgments and awards shall have been rendered, entered or filed, as aforesaid; and the entries in each case in said judgment-docket shall particularly state and set forth the names of the parties, (c) the term and number of the case, and the date, and in case the judgment shall be for a sum certain, the amount of the judgment or award; (d) and when any judgment shall be revived by scire facias or otherwise, or where any execution shall issue in any case, a note thereof shall be made in the proper judgment-docket, at the place where the other entries in such case may have been made; and whenever any transcript of any testatum execution, or any transcript showing the balance appearing to be due from any executor, administrator or guardian, or from any collector of any township, ward or district, shall be delivered to any of the said prothonotaries, the docket-entries made in such case shall be copied into the said judgment-docket, in like manner as judgments and awards are herein directed to be copied;(e) and Fees. the fee(g) for all the entries made in each case in the judgment-docket shall be twelve and a half cents, and no more. 37. In case of the sale of real estate by a sheriff or coroner, and an appropria- 15 April 1834 § 77. tion thereof by the court, under the act of the 16th of April 1827,(h) entitled P. L. 551. "An act relative to the distribution of money arising from sheriff and coroner's Appropriations of sales," it shall be the duty of the prothonotary to note on each judgment or lien, the money in part payamount paid thereon by such appropriation, with a reference to such appropriation. thereon. ment to be noted ance dockets, 38. The omission or failure heretofore of the prothonotaries, clerks or other 3 April 1848 § 1. proper officers of the courts of the several counties of this commonwealth, to tran- P. L. 127. scribe into or enter upon the judgment or lien-dockets of their respective courts, Judgments enany judgment or judgments or other liens, according to the third section(i) of the tered on appearact of 1827 aforesaid, which have been properly entered upon the appearance or ance or continucontinuance dockets, shall in no wise invalidate or impair such judgments or liens. validated in certain And all such judgments and liens which shall have been so entered upon the cases. appearance or continuance dockets shall be deemed good and valid to all intents and purposes, as though they had been duly entered upon the judgment or liendockets according to the requirements of the act aforesaid :(k) Provided, That nothing contained in this act shall hereafter release prothonotaries or other proper officers of the courts of this commonwealth from keeping a judgment or liendockets according to the requirements and provisions of the act of 29th of March 1827 aforesaid: And provided further, That purchasers bonâ fide,(1) without notice Purchasers not to of the omission to make the entry upon such judgment-docket, shall not in any way be affected by the provisions of this act.(m) (a) A report of county auditors, finding a balance due the county, by the county treasurer, is within the purview of this act, and must be entered in the judgment-docket, in order to make it a lien as against subsequent incumbrancers. Snyder County's Appeal, 3 Gr. 38. (b) In case of neglect, the party injured must look to the prothonotary. Mann's Appeal, 1 P. S. 24. See Undergraff v. Perry, 4 Ibid. 295. Speakman v. Knight, 3 Phila. 25. It is evidence of the order in which liens are entered. Polhemus's Appeal, 32 P. S. 328. (c) If the Christian names of the defendants are not entered on the judgment-docket, the judgment, though valid as between the parties, cannot affect subsequent purchasers, or judgment-creditors. Ridgway's Appeal, 15 P. S. 177. York Bank's Appeal, 36 Ibid. 458. Smith's Appeal, 47 Ibid. 128. And so, of the omission of an initial letter in the defendant's name, which distinguishes him from others of the same name. Wood v. Reynolds, 7 W. & S. 406. It is the duty of the plaintiff to see that his judgment be rightly entered. Ibid. But a description of the party by the name by which he is commonly known, is sufficient; as "A. Jones' for Abel Jones." Jones's Estate, 27 P. S. 336; s. P. Jenny V. Zehnder, 101 Ibid. 296. The principle of idem sonans applies to entries on the judgment-docket; and therefore, a judgment against John Bobb, is a valid lien on the lands of John Bubb. Myer v. Fegaly, 39 P. S. 429; 8. P. Cadden's Estate, 26 Pitts. L. J. 171. Bergman's Appeal, 88 P. S. 120. But a judgment against William Burger is not notice of a judgment against William Buergee. Sehumaker v. Schoen, 19 Pitts. L. J. 69. So also, a judgment against George P. Joest is not payable out of the proceeds of the lands of George P. Yoest. Heil's Appeal, 40 P. S. 453. Actual notice to a subsequent incumbrancer, is equivalent to the constructive notice required to be given by entry on the judgment-docket. York Bank's Appeal, 36 be affected. P. S. 458. Stephens's Executors' Appeal, 38 Ibid. 9. But it must be personal notice to the subsequent liencreditor, of the specific prior lien, before his rights have attached. Smith's Appeal, 47 P. S. 128. 24. (d) The entry on the judgment-docket is conclusive of the amount payable out of the proceeds of the sale of the defendant's lands. Crutcher v. Commonwealth, 6 Wh. 340. Bear v. Patterson, 3 W. & S. 233. Mehaffy's Appeal, 7 Ibid. 200. Mann's Appeal, 1 P. S. But the judgment-creditor cannot be benefited by the entry of a larger amount than is due. Hance's Appeal, 1 P. S. 408. Such errors may be amended. Ibid. An amendment of the record cannot affect the rights of a subsequent judgment-creditor, a mortgagee or a purchaser. Crutcher v. Commonwealth, 6 Wh. 349. Zimmerman v. Briggans, 5 W. 185. (e) Executions levied on after-acquired real estate in Philadelphia county, to be docketed, in order to constitute a lien, by act 20 April 1853, § 9. P. L. 611. See tit. “Execution." (g) There is no penalty for receiving this fee before the service is performed. Baldwin v. Cash, 7 W. & S. 427. (h) See tit. "Execution." (k) This act does not cure a defective or erroneous entry. Mehaffy's Appeal, 7 W. & S. 200. (1) By resolution 16 April 1845, nothing in this act "shall be construed so as to affect or prejudice the rights or interests of any mortgagee or judgmentcreditor acquired before the passage of the said act and supplement thereto." P. L. 558. (m) See aet 16 April 1845, P. L. 542, to supply similar omissions in the counties of Cambria and Union; act 23 March 1849, P. L. 218, as to Lycoming county; act 5 February 1850, P. L. 44, as to Tioga county; act 12 March 1852, P. L. 149, as to Montgomery county; and act 21 April 1852, P. L. 389, as to Potter county. |