16 April 1849 § 5. P. L. 664.

Or subsequent judgment-cred

itors.

23 March 1853 § 11. P. L. 708.

Judgments need

appearance or continuance dockets,

An act to

39. The act approved 3d day of April, Anno Domini 1843, entitled " preserve and perfect the validity of judgments entered upon the continuance or appearance dockets of the courts," shall not be so construed as to impair the right of a plaintiff or plaintiffs, whose judgment had been properly entered on the judgment-docket in any of the courts of this commonwealth.

40. All judgments hereafter entered in the prothonotary's office in the counties of Chester, Delaware and Berks, (n) on notes, bonds or other instruments of writing in which judgment is confessed, or containing a warrant to confess judgments, may not be entered on be entered at once in the judgment-docket, and need not be entered in any other docket; and all judgments heretofore entered in any such office in said counties, in the judgment-docket, without previous entry in any other docket, shall be as valid and effectual as if previously entered in the appearance or continuance docket: Provided, That an index of the judgment-docket shall be kept, as is required by existing laws: And provided further, That the entries made in the said docket shall be as full as if said judgments were entered in the appearance or continuance docket.

in certain counties.

22 April 1856 § 3. P. L. 532.

41. The lien of no judgment, recognizance, execution levied on real estate in the same or another county, or of writs of scire facias to revive or have execution No lien to be valid of judgments, shall commence or be continued, as against any purchaser or mortagainst purchasers, gagee, unless the same be indexed in the county where the real estate is situated, &c., unless entered in a book to be called the judgment-index ;(o) and it shall be the duty of the prothonotary or clerk forthwith to index the same, according to priority of date, and the plaintiff shall furnish the proper information to enable him to perform said duty.(p)

on judgmentindex.

42. It shall be and is hereby made the duty of the prothonotaries of the several courts of common pleas in this commonwealth to procure and keep a book, which shall be called "Index to assigned judgments," and to properly index in the same all assignments that may hereafter be made of judgments or parts of judgments remaining upon the records of their respective offices; which said index shall, among other things, contain the names of the parties to whom said judgments are assigned, so arranged as to afford an easy and ready reference to said assign

ments.

43. In addition to the fee now authorized to be charged for filing assignments, the said prothonotaries are hereby authorized to charge and receive a fee of ten cents for every assignment so indexed, to be paid by the assignee.

44. This act shall not apply to counties that have special acts in relation to indexing assigned judgments.(7)

45. Where the judgment or lien docket in any of the counties of this commonwealth, has been heretofore or may hereafter be kept in the form of an ad sectum index docket, all judgments and liens entered thereon, in order of time, alphabetically, are hereby declared to be as good and valid in law as though properly entered in a judgment-docket, with two indexes: Provided, That said docket shall set forth the names of parties, date of entry, number and term of case, and where the same is for a sum certain, the amount of the judgment, award, verdict, transcript or other lien, required by law to be entered on a judgment-docket, with date of interest thereon, and in case of satisfaction, a note thereof shall be entered by the prothonotary on said docket, in the margin thereof.

46. Where a scire facias is issued to revive a judgment or other lien, or to show cause why execution should not issue thereon, an entry shall be made by the prothonotary on said ad sectum judgment-docket, in order, alphabetically, giving the names of parties, date, term, and number of scire facias, and term and number of original case.

47. When, in addition to the judgment or lien docket in the form of an ad sectum index docket aforesaid, two other dockets are kept by the prothonotary, in the first of which all suits brought and appeals are entered, and in the second all judgments by confession, transcripts, exemplifications and other liens, are recorded in order of time of entry, the proper court may direct by rule or standing order, that whenever a judgment is obtained in any case and entered on the first of said dockets, and before entry in the judgment or lien docket, the prothonotary shall forthwith copy into said second docket the names of the parties, form of action, amount of judgment, with costs, and state whether obtained by verdict or otherwise, and to what term and number in said first docket, so that every judgment entered in said court, by confession or otherwise, shall appear on said second docket, in order of time of entry, and shall take its number and term thenceforth from the entry on said second docket, and be so recorded in the judg

(n) Extended to Bucks county, by act 8 February 1856. P. L. 35. And see act 27 February 1854. P. L. 125, for similar provisions, as to the counties of Philadelphia and Montgomery.

(0) A correct entry in the judgment-index will not cure a defective one in the judgment-docket. Bickel's Appeal, 15 W. N. C. 234. And see Barry's Estate, 3 Luz. L. Reg. 141.

(p) The mere docketing of a fi. fa, and indexing the issuance of the writ, will not confer a lien upon after-acquired real estate. Ross's Appeal, 106 P. S. 82. But the act does not apply to recognizances in partition in the orphans' court. Holman's Appeal, 106 P. S. 502.

(9) See act 2 March 1869, P. L. 350, as to Luzerne county.

P. L. 134.

ment or lien docket: Provided, It shall not be necessary to keep an ad sectum 11 June 1879 § 3. index to said second docket, other than the ad sectum judgment-docket; and said first docket may be called an appearance docket, and the second either a common pleas or a D. S. B. docket: Provided, That where any county has a judgmentdocket not filled, it shall not be required to adopt the form prescribed in this act, until it is necessary to procure a new judgment-docket.

VII. Opening judgment.

defendant may pay

48. In all cases where judgment has been, or shall be hereafter obtained and 20 June 1878 § 1. entered of record in any court of this commonwealth, by confession, default or P. L. 831. otherwise, and proceedings concerning the same are pending to open or annul the Where judgment same, and are not finally disposed of, it shall be lawful for the defendant or defend- opened, the ants therein, or any of them, with leave of said court, in which said proceedings money into court. are pending, to pay into said court such amount as shall be deemed by said court sufficient to cover the amount of said judgment, with interest and probable costs, to abide the final determination of the rights of the said parties to the proceedings pending as aforesaid; the said money to be subject to the order of said court, and placed at interest, if practicable, for the benefit of the interested parties.

49. Whatever amount, if any, shall be finally adjudged due the parties, plaintiff

Ibid. § 2.

in said judgment, with costs, shall be paid to them by order of said court out of the How appropriated. sum of money, with its accumulations, thus paid into court; and any balance, after

the payment of costs due by said defendant, remaining in said court, and after any such payment as aforesaid, shall be returned to said defendant.

Ibid. § 3.

50. Upon the payment of such amount as the court shall direct into court as aforesaid, all the real estate of said defendant or defendants making said payments Lien of judgment into court as aforesaid, shall be freed and for ever discharged from the lien, effect to be discharged. and operation of said judgment, and of and from all and all manner of process or execution issued or to be issued thereon, in any manner or wise affecting the same. 51. It shall be the duty of the prothonotary or clerk of said court, upon such payment into court as aforesaid, to mark upon the judgment-docket of said court, Duty of prothonolien discharged.

VIII. Of the satisfaction of judgments.

tary.

Ibid. § 4.

8 Sm. 32.

at request of

52. Each and every person having received satisfaction for his or their debt or 18 April 1791 § 14. damages, recovered by judgment (r) in any court of record within this commonwealth, shall, at the request of the defendant or defendants in the action, or of his, Satisfaction to be her or their legal representatives, or other persons concerned in interest therein, entered of record, on payment of the costs of suit, and on tender of his reasonable charges and the defendant. costs of office for entering satisfaction, within eighty days after such request made, enter satisfaction(s) of the judgment, in the office of the prothonotary of the court where such judgment was or shall be entered,(t) which shall for ever thereafter discharge, defeat and release the same. And if such person, having Penalty for neglect. received such satisfaction as aforesaid, (u) by himself or his attorney, shall not, within eighty days after request and payment of the costs of suit, and tender of charges as aforesaid, repair to the said office, and there enter satisfaction as aforesaid, he, she or they refusing or neglecting so to do, shall forfeit and pay unto the party or parties aggrieved, any sum of money, not exceeding one-half of the debt or damages so adjudged and recovered, (v) to be sued for and demanded by the defendant, or persons damnified, (w) in like manner as other debts are now recoverable by law in this commonwealth.(x)

53. Whereas, it often happens that judgments and decrees for the payment of 14 April 1851 § 2. money are obtained in the city and county of Philadelphia, against persons who P. L. 612. subsequently pay the same in full, or settle the same by the payment of less sums Proceedings to obwhich are received in full satisfaction, or by the transfer of property, rights or tain entry of satiscredits received as full payment, settlement or satisfaction by the plaintiffs, but delphia.

(r) A judgment in a sci. fa. on a mortgage is within the act. Henry v. Sims, 1 Wh. 187. But not a case where payment is made before judgment. Braddee v. Brownfield, 4 W. 474.

(8) An entry of "ended and debt and costs paid," is equivalent to an entry of satisfaction. Phillips v. Israel, 10 S. & R. 391. See Berks and Dauphin Turnpike Co. v. Hendel, 11 Ibid. 123. The act does not apply, where satisfaction is caused by a judicial sale. Pierce v. Potter, 7 W. 479.

(t) The court can neither summarily strike a regular judgment from the record, nor direct it to be satisfied; they can only award an issue to try whether it be paid, and then enforce the entry of satisfaction under this act. Horner v. Hower, 39 P. S. 126. Whitney v. Chandler, 1 Luz. L. Reg. 225. Marshall v. Dennison, 2 Ibid. 87.

(u) Evidence that the debt was paid before the judgment was entered, will not support the action.

faction in Phila

Braddee v. Brownfield, 4 W. 474. But the plaintiff may recover, though satisfaction might have been inferred from the state of the record. Allen v. Conrad, 51 P. S. 487. For failure to enter satisfaction this act is an exclusive remedy; a common law action does not lie. Oberholtzer v. Hunsberger, 1 Mona. 543. The request to enter satisfaction must have been made to the party himself. Marston v. Tryon, 41

L. I. 16.

(v) Where there is a special agreement to satisfy a judgment, the defendant may recover his actual damages for a breach; he is not restricted to the amount of the penalty prescribed by this act. Chamberlain v. Sloan, 3 W. Ñ. C. 518.

(w) Actual damage need not be proved. Henry v. Sims, 1 Wh. 187.

(2) A justice of the peace has no jurisdiction of an action for such penalty. Zeigler v. Gram, 13 S. & R.

102.

14 April 1851 § 2.

P. L. 612.

Party to apply by

petition.

Court to decree

satisfaction to be entered.

Ibid. § 3.

How notice to be given.

Ibid. § 4. Auditors may be

satisfaction has not been entered on the records thereof, and great inconvenience, trouble and injustice has been occasioned thereby to children, heirs and purchasers; therefore, when it shall be made known by petition to any court in the said city and county in which any judgment or decree for the payment of money has been obtained, that more than ten years have elapsed since the rendition of said judg ment, or making of said decree, and that the same has been paid by the defendant or defendants, person or persons against whom the same has been rendered or made, or by some other person, or has been settled or compromised by the payment of a less sum than the amount of such judgment or decree, or by the transfer of property, rights or credits received in full thereof, or in settlement and satisfaction thereof; it shall be the duty of the said court to examine into the facts set forth in such petition, and upon being satisfied of the truth thereof, to direct the prothono tary of said court, upon the payment of the costs, if any, due to him upon such judgment or decree, to enter satisfaction upon the record thereof; which entry of satisfaction shall have the same effect as if made by the plaintiff or plaintiffs in such judgment, or the person or persons entitled to the benefit of the same, or by the complainant or complainants, or person or persons entitled to the benefit of such decree.

54. It shall be the duty of the court to which any such petition shall be so as aforesaid presented, to direct notice of the presenting of the same to be given to the attorney at law by whom the action, suit, bill or proceeding in which said judgment or decree has been obtained, was brought or instituted, and if he be dead, then to the plaintiff or plaintiffs, complainant or complainants, or to his or their executors or administrators, if any there be; or if he, she or they cannot be found in the county where said judgment or decree has been obtained, and the fact shall be so returned by the sheriff of said county, notice to all parties interested in said judg ment or decree shall be directed by said court to be published in one or more newspapers published in said county, or in any other place or places in addition thereto, so often as shall be deemed proper.

55. It may be lawful for the court to which any such petition shall be so as aforesaid presented, in its discretion, to refer the same, and any answer or plea to appointed, or issue it which may be filed, to an auditor to take the testimony and report as to the truth of the facts set forth therein; (or) may direct an issue, to ascertain the truth thereof by the verdict of a jury, which issue shall be subject to all the laws made on the subject of feigned issues.

awarded.

11 April 1856 § 1. P. L. 304.

Prothonotary to enter satisfaction,

in certain cases.

Fees.

56. In all cases where the amount due on any mortgage or judgment entered of record, together with interest and cost, shall have been paid to the legal holder or holders thereof, and the judgment-bond or note, or mortgage, together with the accompanying bonds, if any, duly indorsed in the presence of two witnesses, that the same are satisfied and discharged, shall be produced to the prothonotary or recorder having charge of the records of such mortgages and judgments respectively, it shall be the duty of such officer, for the fee of seventy-five cents in the case of a mortgage, and twenty-five cents in the case of a judgment, to enter satisfaction on the record of such liens, and to file among the papers in their respective offices, the judgment-notes, bills, mortgages and bonds respectively, which shall remain filed thereafter, for the benefit of all parties interested therein: Judge's certificate Provided, That no such satisfaction shall be entered, until after a certificate from the president judge or the district judge of the proper county allowing the same, which certificate shall also be produced and filed with the papers as aforesaid. 57. In all cases, where a judgment has, or judgments have been, or may be hereafter entered in any court of record in this commonwealth, whether originally or by transfer from any other court, and it shall appear, by the production of the tary to enter satis- record, that the same has or have been fully paid, under or by virtue of an execution or executions, issued thereon, and satisfaction has not been entered upon the judgment-index or judgment-docket of said court, it shall be the duty of the court, in which such judgment or judgments has or have been entered, at the instance of any party interested, upon the payment of a fee of twenty-five cents to the prothonotary, to direct said prothonotary to enter satisfaction upon the judgmentindex or judgment-docket, and the record thereof.

to be filed.

27 March 1865 § 1. P. L. 52.

When prothono

faction.

14 March 1876 § 1. P. L. 7. Court may order satisfaction to be entered, on petition and hearing.

58. In all cases where a judgment has been or may hereafter be entered in any court of record in this commonwealth, (y) whether originally or by transfer from any other court, the court having jurisdiction shall, upon application by the defendant or defendants in said judgment, or of his, her or their legal representatives, or other person or persons concerned in interest therein,(z) setting forth, under oath, that the same, with all legal costs accrued thereon, has been fully paid,(a) grant a rule on the plaintiff or plaintiffs, to show cause why the said judgment should not be marked satisfied of record, at his, her or their costs; and upon the hearing

(y) A mechanic's lien upon which judgment has not been entered, is not within the act. Stoke v. McCullough, 107 P. S. 39.

(z) A subsequent judgment-creditor is not such person. Heidelbaugh v. Thomas, 10 W. N. C. 141.

(a) The court is only authorized to decree satisfaction in case of actual payment. Felt v. Cook, 95 P. S. 247. Riddle's Appeal, 104 P. S. 171.

P. L. 7.

of such rule, should it appear to the satisfaction of the court that said judgment 14 March 1876 § 1. has been fully paid, as set forth in the application of the defendant or defendants, (b) the said court shall then direct the prothonotary to mark such judgment satisfied of record, and shall also enter a decree requiring the plaintiff or plaintiffs to pay all costs incurred in the premises.

8 June 1891.

P. L. 244.

marked on all

59. Hereafter, when any judgment or judgments shall or may be entered in any court of common pleas in this commonwealth, and when said judgment or judgments is marked satisfied, it shall be the duty of the prothonotary of said Satisfaction to be court to make entry of such satisfaction and the date thereof in all books, dockets books, dockets and indexes on the margin opposite the record of said judgment wherever and and indexes. whenever such judgment or judgments may be entered or indexed, with but one fee for entering satisfaction.

60. All laws inconsistent with this act are hereby repealed.

Ibid. § 2. Repealing clause.

JUDGMENT BY DEFAULT.

See JUDGMENT; JUSTICES OF THE PEACE; PRACTICE.

JUDICIAL DISTRICTS.

See COMMON PLEAS.

(b) Unless the evidence of payment be clear and satisfactory, an issue must be awarded. Hawk v. Spade, 24 Pitts. L. J. 200. And see Horton v. Hopf, 4 W. N. C. 381. The court cannot decree the entry of satisfaction on the application of a subsequent judgment-creditor. Heidelbaugh v. Thomas, 10 W. N. Č. 141; Cowden v. McClelland, 4 Montg. 135. The rule to satisfy will be discharged unless the evidence is clear that the judgment has been paid. Morgan v.

70

Klitsch, 3 Kulp 15. The proof must show actual payment in full, and the court has no power to apply cross demands or to set off judgments. Melan v. Smith, 134 P. S. 649. The act does not apply where there is a substantial dispute as to the fact of payment. Bank v. Hunsicker, 8 C. C. 635; the court cannot direct the entry of satisfaction on an amount paid on account. Unruh v. Longstreth, 6 Montg. 33.

JURIES.

See CRIMINAL PROCEDURE; FEES; JUSTICES OF THE PEACE; QUARTER SESSIONS AND OYER AND TERMINER.