8 Feb. 1766 § 2. owners thereof, when they come near to the said ropes, shall take down and strike P. L. 206. counties. 4. It shall be lawful for the several courts of quarter sessions for the counties 14 March 1850 § 1. of Northampton and Monroe, to fix and adjust the rates of toll for crossing the Delaware river at any of the ferries, one of the landings of which is on the shores Courts to fix rates of either of said counties, upon petition thereto presented by any one interested of toll in certain or aggrieved; and if any person or persons, having charge of said ferries, shall charge more than the rates of toll so as aforesaid fixed and adjusted, shall be liable to a penalty of five dollars for every such offence, to be recovered by such person as shall sue for the same, one-half for the benefit of the person suing, and the other half to the supervisors of the township, in the same manner as debts of like amount are recoverable: Provided, That persons engaged in carrying the United States mail shall not be charged more than twenty-five cents for four-horse wagon, stage or coach, and twenty-cents for two-horse wagon, stage or coach. P. L. 180. 1. Every package of commercial fertilizer sold, offered or exposed for sale, for 28 June 1879 § 1. manural purposes, within this commonwealth, shall have plainly stamped thereon the name of the manufacturer, the place of manufacture, the net weight of its con- Sale of fertilizers tents, and an analysis, stating the percentage therein contained of nitrogen, or its regulated. equivalent in ammonia in an available form, of potash soluble in water, of soluble and reverted phosphoric acid, and of insoluble phosphoric acid: Provided, That any commercial fertilizer sold, offered or exposed for sale, which shall contain none of the above-named constituents, shall be exempt from the provisions of this act. Ibid. § 2. Manufacturers See amendment 2. Every manufacturer or importer of commercial fertilizers, as specified in section one of this act, shall, on or before the first day of August next ensuing, or before offering the same for sale in this commonwealth, file annually in the office of the secretary of the commonwealth an affidavit, stating the amount of said file affidavit. fertilizer or fertilizers sold within the state during the last preceding year; and if said amount be one hundred tons or less, he or they shall pay to the treasurer of the state the sum of ten dollars for each and every such article of such commercial License. fertilizer sold within the state during the last preceding year, and if the said amount shall exceed one hundred tons, and be less than five hundred tons, he or they shall pay the sum of twenty dollars as aforesaid, and if said amount shall be five hundred tons or more, he or they shall pay the sum of thirty dollars as aforesaid; if such manufacturer or manufacturers or importers, shall not have made any sales within the commonwealth during the preceding year, he or they shall pay the sum of ten dollars as aforesaid. Every such manufacturer or importer Copy of analysis. shall, at the same time, file with the secretary of the board of agriculture a copy of the analysis required by section one of this act, and shall be entitled to receive Certificate. from the secretary of the commonwealth a certificate, which shall be countersigned by the secretary of the board of agriculture, showing that the provisions of this act have been complied with. Ibid. § 8. 3. Any person selling, offering or exposing for sale, any commercial fertilizer, without the analysis required by section one of this act, or with an analysis stating Penalty for selling that it contains a larger percentage of any one or more of the above-named con- fertilizers not stituents than is contained therein, or for the sale of which all the provisions of analyzed. section two have not been complied with, shall be deemed guilty of a misdemeanor, and on conviction, shall forfeit a sum not less than twenty-five and not exceeding one hundred dollars for the first offence, and not less than two hundred dollars for each subsequent offence; one-half of which shall be for the use of the informer and the remainder for the county in which the conviction is secured: Provided, Said informer be the purchaser and the goods be for his own use. (n) For the regulation of vessels passing the lower and upper ferries, on Schuylkill, see act 31 March 1806. 4 Sm. 347. 28 June 1879 § 4. 4. It shall be the duty of the board of agriculture to analyze such specimens of commercial fertilizers as may be furnished by its agents; said samples to be accomBoard of agricul- panied with proper proof, under oath or affirmation, that they were fairly drawn; the fee for such analysis shall be determined by the executive committee of the board, and be based upon a fixed rate for each determination; shall in no case exceed seventy-five per centum of the usual price paid for such services, and shall be payable from the treasury of the commonwealth in the manner as now provided by law. ture to analyze 5. The money paid into the treasury under the provisions of this act, shall constitute a special fund from which the cost of such analysis shall be paid: Provided, That the total amount thus expended in any one year, shall in no case exceed the amount paid into the treasury during the same year, and that any moneys remaining in this special fund, at the end of the year, shall be passed into the general fund for the use of the state. 6. The term "commercial fertilizer," as used in this act, shall be taken to mean any and every substance imported, manufactured, prepared or sold for fertilizing or manuring purposes, except barn-yard manure, marl, lime and wood ashes, and not exempt by the provisions of section one of this act. FINES AND RECOGNIZANCES. I. OF FINES AND PENALTIES. 1. Fines to be paid to the state. 2. To be for the use of the county. 3. How certain penalties recoverable, in Philadel phia. 4. Justices to have jurisdiction of actions for penalties. 5. Jurisdiction of justices extended. 6. Process in Philadelphia for breach of ordinance. 8. Arrests for breach of ordinance, in Philadel phia. II. FORFEITED RECOGNIZANCES. 9. Fines and forfeited recognizances to be estreated. 10. To be paid over to the sheriffs, in certain cases. 12. Penalty for neglect of duty by officers. 14. Appeal to supreme court. 15. Certain forfeitures to be sued in the supreme court. 16. Jurisdiction of the common pleas extended. 18. How proceeds to be distributed. 28 Jan. 1777 § 8. Fines to be paid 31 March 1869 § 78. To be for the use 11 March 1846 § 10. 15 April 1835 § 7. Justices to have jurisdiction of ac- 19. Court to make decree of distribution. May appoint auditors. Forfeiture not to be respited, without notice to complainant. 20. Certain officers to make annual returns of fines received. And to pay over the amount. Penalty for neglect. 21. In actions on recognizances, memorandum to be furnished to the clerk. To be entered on the record. 22. Certificate of satisfaction to be furnished to the clerk. Satisfaction to be entered. 23. Fees. III. IN PHILADELPHIA COUNTY. 24. Duty of justices in taking recognizance. 25. Penalty for neglect. 26. Forfeitures to be estreated to county treasurer. 27. Process to be issued and served without cost to the county. 28. Jurisdiction vested in the quarter sessions. 29. Such jurisdiction to be exclusive. Fees. 30. Attorney-general to bring suit. 31. How proceeds to be distributed. Court may make decree as to costs, where forfeiture is stricken off. 32. Prothonotaries to make returns to the controller. Accounts of sheriff. Penalty for omission. 33. Aldermen to report monthly. Salaries of police magistrates to be withheld until payment of fines, &c. Penalty for neglect. 34. Solicitor to bring suits against delinquents. I. Of fines and penalties. 1. All fines and forfeitures granted to the governor of Pennsylvania, by the laws by this act put in force, shall and are hereby declared to be for the use of the state, and shall be paid into the state treasury.(0) 2. All fines imposed upon any party, by any court of criminal jurisdiction, shall be decreed to be paid to the commonwealth; but the same shall be collected and received, for the use of the respective counties in which such fine shall have been imposed as aforesaid, as is now directed by law. 3. All specific penalties and forfeitures inuring in the use of the board of health, or any municipal corporation of the county of Philadelphia, shall be recovered by suits, as debts of like amount are by law recoverable. 4. The aldermen and justices of the peace of every city, incorporated township and borough in this commonwealth, shall have power to hear and determine all actions of debt for penalty, for the breach of any ordinance, by-law or regulation of such city, township or borough, in the same manner and subject to the same right of appeal as debts under one hundred dollars; and such action shall be instituted in the corporate name of such city, township or borough.(p) (0) See tit." Acts of Assembly,” 1-4. (p) An action by an informer, who sues as well for himself as for the corporation, is erroneously brought, and will be reversed on certiorari. Kensington v. 5 April 1849 § 7. P. L. 410. 5. In all cases of the breach of any by-laws of any city, borough, town or corporate body within this commonwealth, subjecting the offender to a penalty or fine therefor, suits for the recovery thereof may be maintained before any justice of the Jurisdiction of juspeace or alderman, in like manner as suits for the recovery of debts under the sum tices extended. of one hundred dollars may now be maintained before them: Provided, The parties shall have the right to appeal as in other cases. 6. For all breaches of the ordinances of the city of Philadelphia, on and after 7 May 1857 § 2. P. L. 426. the first of July next, the original process shall be as now prescribed in cases of security of the peace, provided that the remedy by writ of certiorari shall be as Process for breach heretofore.(q) of ordinance. P. L. 114. 7. For all breaches of the ordinances of the city of Philadelphia, where the pen- 15 March 1858 § 1. alty demanded is fifty dollars and upwards, actions of debt shall be brought in the corporate name of the city of Philadelphia, and the provisions of the act of May where penalty is seventh, Anno Domini one thousand eight hundred and fifty-seven, so far as is fifty dollars. inconsistent herewith, are hereby repealed. 8. Any police officer or constable, upon view of the breach of any ordinance of 8 May 1876 § 1. any city of the first class, is authorized to forthwith arrest the person or persons P. L. 99. so offending, without any process, and to take said person or persons forthwith Arrests for breach before any police magistrate or alderman of said city, who shall thereupon require of ordinance, in bail for the appearance of said person, at a time to be fixed for the hearing of said Philadelphia. charge, and in default of bail to commit for a hearing; and at said hearing, the case shall be proceeded with, as if the parties were appearing before said magistrate or alderman upon a summons duly issued and returned served, or if both parties desire it, the case may be entered and determined by the magistrate or alderman in like manner, without requiring bail or further continuance. II. Of forfeited recognizances. 2 Sm. 85. estreated. 9. All fines, issues, amercements, forfeited recognizances and other forfeitures, 9 Dec. 1788 § 5. which, from and after the publication of this act, shall be set, imposed, lost or forfeited for the use of the commonwealth [in the supreme court, or in any courts Fines and forfeited of over and terminer, jail delivery, admiralty, admiralty sessions, common pleas, recognizances to be or quarter sessions of the peace, or in the sessions held for the city of Philadelphia,(r) or] by any justice or justices of the peace in this commonwealth, shall [by the clerks, prothonotaries or other registers of the said courts, respectively, or] by the said justice or justices of the peace, be certified and estreated [into the comptroller-general's office,(s)] on the first day of May and the first day of November, in every year hereafter; [and the prothonotaries of the said supreme court and courts of common pleas, shall also certify and estreat, at the same time, into the said comptroller-general's office, the orders and judgments of the same courts respectively, on all such forfeited recognizances, as shall be sued upon in the same courts;] which said estreats [or certificates] shall be delivered [into the said comptroller-general's office,] by the said [prothonotaries, clerks, registers,] justice or justices of the peace, respectively, upon their oath or affirmation first being made before and certified by two justices of the peace, or one judge of the supreme court, that the said estreats had been carefully and fully made up and examined by them, without any wilful or fraudulent omission, discharge or defect whatsoever, and that they had therein particularly specified and mentioned such fines, issues, amercements, forfeited recognizances and other forfeitures which had been paid into their hands, for the use of the commonwealth, to the best of their knowledge. Ibid. § 6. 10. The said [clerks, prothonotaries, registers,] justice and justices of the peace, and all other persons, who shall or may receive, or be accountable to the common- To be paid over to wealth, for any fines, issues, amercements, forfeited recognizances, or other for- the sheriff's, in cerfeitures, shall, within three months after they had received any such sum or tain cases. sums of money, pay the same into the hands of the high sheriff of their respective counties; and the said sheriffs shall, on the first day of November, in every year hereafter (and as often as thereunto required by the comptroller-general) render an account of all such moneys as may have come to their hands as aforesaid, to the comptroller-general's office for settlement, and the money which shall be found due on such settlement shall then be immediately paid to the treasurer of the state, the said sheriffs deducting a commission of two and one-half per cent for their trouble in collecting such moneys; and the treasurer of the state shall be allowed a commission of one and a half per cent for all such moneys so as aforesaid paid into the treasury. zen cannot bring a suit, in the name of the city of Philadelphia, for the breach of one of its penal ordinances, without authority from the proper municipal officer. Philadelphia v. Strawbridge, 4 W. N. C. 215. (7) It was provided by ordinance of 8 April 1847, § 1, that so much of any ordinance of the city of Philadelphia as provides that any portions of any penalty imposed for any violation thereof be paid to the informer or persons suing for the same, be and the same 24 March 1818 § 1. 7 Sm. 120. To be estreated into the county commissioners' office. 11. All fines, issues, amercements, forfeited recognizances and other forfeitures, which now or hereafter shall be set or imposed, lost or forfeited for the use of the commonwealth in the several courts thereof, shall by the respective clerks of the same be certified and estreated into the office of the commissioners of the respective counties, within ten days after the expiration of the term at which such fines and forfeitures were imposed; together with the judgments and orders of the said courts respectively on all forfeited recognizances as shall be sued upon in such courts, which estreats or returns of fines and forfeitures shall be under the oath To be collected for or affirmation of the respective clerks; and all sums of money collected in pursuance thereof shall be paid to the respective county treasurers for the use of the counties respectively;() and it shall be the duty of the commissioners of the respective counties to superintend the collections of said sums of money, and the accounts thereof shall be annually settled by the county auditors: Provided, That nothing herein contained shall impair the right of the respective courts to moderate or remit forfeited recognizances as heretofore. the use of the county, under su perintendence of county commissioners. 9 Dec. 1783 § 7. 2 Sm. 86. 12. If any of the said clerks, prothonotaries, justices, sheriffs or other officers before mentioned, shall neglect or refuse to do and perform the several duties Penalty for neglect required of them by this act, or shall wittingly and willingly spare, take off, disof duty by officers. charge, or conceal any fine, issue, amercement, forfeited recognizance or other forfeiture whatsoever which shall be due to the commonwealth, and ought to be certified, estreated or paid by him, by virtue of this act, such clerks, prothonotaries, justice or justices, sheriffs or other officers shall be indicted and fined for every such offence at the discretion of the court. Ibid. § 2. To be suable in the common pleas. 13. All recognizances forfeited(u) in any court of quarter sessions of the peace within this commonwealth, or in the sessions held for the city of Philadelphia, shall and may be sued for and be recoverable in the court of common pleas [of Courts may moder- that county (v) in which the said recognizances shall be forfeited respectively;] which courts may, and are hereby empowered to order the said recognizances to be levied, moderated or remitted, on hearing the circumstances of the case according to equity and their legal discretion.(w) ate or remit for feitures. Ibid. § 3. Appeal to supreme court. Ibid. § 4. Certain forfeitures 14. Provided, That the supreme court of this commonwealth may hear appeals from such orders or judgments of the courts of common pleas, on the said forfeited recognizances, at the next ensuing term after such judgment given, but not afterwards, and finally decide on the same.(x) 15. All recognizances forfeited in the supreme court, or in any court of oyer and terminer, general jail delivery [admiralty sessions or admiralty, or before any to be sued in the special commissioners of oyer and terminer] in this state, shall be sued for and be recoverable in the supreme court of this state; which is hereby empowered to order the said recognizances to be levied, moderated or remitted, according to justice and their legal discretion. supreme court. 16. The respective courts of common pleas of the several counties of this commonwealth shall have jurisdiction in all suits, (y) which may have been or may hereafter be brought in such courts on a forfeited recognizance, notwithstanding that the said recognizance may not have been entered into or forfeited in the county in which such suit may be instituted: Provided always, That nothing herein contained shall give authority to any court to remit or mitigate any forfeited recognizance, unless the said recognizance has been forfeited in the court to which an application or petition to remit or mitigate the same shall be made. 17. Where recognizances have heretofore or shall hereafter be taken by any competent authority, for the appearance of persons charged with the commission of any crime or misdemeanor before any court, to answer to such charge or to appear before any judge, justice of the peace, alderman or other officer for further hearing, and the said recognizance shall have been or may hereafter be forfeited on account of the person so charged, failing to comply with the condition therein or where suits have been commenced for the purpose of recovering the amount of any (t) The governor may remit a forfeited recognizance, after judgment for the use of the county. Commonwealth v. Denniston, 9 W. 142. Commonwealth v. Shick, 61 P. S. 495. Commonwealth v. Smohe, 2 Pears. 18. Commonwealth v. Winpenny, Ibid. 107. So, the court may remit a forfeiture after judgment on the recognizance, and affirmance by the supreme court. Commonwealth v. Taylor, 1 Chest. Co. R. 261. See Germantown v. Philadelphia, 6 S. & R. 483. And see act 27 March 1862, as to Chester county. P. L. 220. (u) The record is not the forfeiture of the recognizance, but the evidence of it; if the forfeiture be not entered when decreed, it may be entered nunc pro tunc. Rhoads v. Commonwealth, 15 P. S. 272. There can be no forfeiture, unless the party has been solemnly called and has then failed to appear. Dillingham v. United States, 2 W. C. C. 422. The entry of a forfeiture is a judicial act, and conclusive of a breach. Fox v. Commonwealth, 32 Sm. 511. (v) See infra 16. (w) They can only moderate or remit a recognizance forfeited in court, as upon a failure to appear, prosecute, &c. Where the recognizance is forfeited by an act out of court, they have no power to interfere. Commonwealth v. Davies, 1 Binn. 97. () No appeal lies from the order of the court, on an application to remit or moderate the forfeiture. Bross v. Commonwealth, 71 P. S. 262. The proper mode of reviewing the judgment, in an action on the recognizance, is by writ of error. Commonwealth v. Rhoads, 9 P. S. 488. (7) Such suit is not a civil action, and therefore there can be no set-off. Commonwealth v. County Commissioners, 8 S. & R. 155. It is a suit of a criminal nature, rather judicial than original, and must be considered as flowing from the recognizance and partaking of its nature. Respublica v. Cobbet, 3 Dall. 475; s. c. 2 Y. 362. Either debt or scire facias will lie. Bodine v. Commonwealth, 24 P. S. 69. P. L. 454. recognizance heretofore forfeited, and not prosecuted to find (final) judgment, it 30 July 1842 § 25. shall be lawful for any person having suffered loss or injury by the commission of such crime or misdemeanor, by themselves, their agents or attorney, to institute suit in the name of this commonwealth, or to prosecute any suit or action now pending and undetermined, and proceed to final judgment thereon. Ibid. § 26. 18. Where the amount, or any part thereof, of any judgment recovered in pursuance of the provisions of the preceding section of this act, shall be collected by How proceeds to execution or otherwise, the same shall be taken into open court by the sheriff or be distributed. other officer having received the same; and it shall be the duty of the judges of any court, being notified of the payment of money as aforesaid, to order and decree a distribution of the same in the following order, to wit: I. That so much thereof as shall be necessary to pay the legal costs on such In payment of judgment and upon the proceedings before the magistrate who shall have taken costs. such recognizance, shall be applied thereto. II. That so much thereof as shall be deemed a reasonable compensation for the Compensation to person, his agent or attorney, who shall have prosecuted the same to final judg. counsel. ment, shall be applied thereto. III. That so much of the residue thereof as will pay the amount of damage Damage of party sustained by any person, by reason of the commission of such crime or misde- injured. meanor, with interest thereon, to be counted from the date of the commission of such crime or misdemeanor, shall be applied thereto. IV. And that the residue of any moneys collected as aforesaid be paid to the Residue to the proper county, or into the treasury of the commonwealth, as the case may be. county treasury. 19. And it shall be the duty of the judges who shall make distribution of Court to make demoney as aforesaid, to order and decree the specific sum which shall be applied to cree of jurisdiction. each item. And it shall be lawful for the judges of any court to appoint one or May appoint auditmore auditors to assess the amount of damages sustained by any person or persons ors. who shall claim any part of a sum of money arising from any recognizance forfeited as aforesaid; which said auditor or auditors shall have authority to admin- Their duties. ister oaths, and it shall be the duty of said auditor or auditors to report the testimony taken before him or them to the court, together with a statement of the amount of damage sustained by such claimant: Provided, however, That a reexamination may be had of the proceedings and report of any such auditors, at the discretion of the court, and the order and decree of the court thereon shall be final and conclusive: Provided further, That nothing herein contained shall be Forfeiture not to construed to prevent the judges of the courts having jurisdiction over such recog- be respited, withnizance from exercising the authority heretofore exercised in respiting the same; plainant. but no recognizance taken as aforesaid shall, after the passage of this act, be respited or cancelled without first giving notice to the person who shall have entered the complaint upon which such recognizance shall have been taken, such notice to be served as shall be directed by the court. out notice to com P. L. 315. received. 20. The mayors of the cities of Philadelphia, Pittsburgh and Allegheny, the 26 April 1855 § 1. burgesses of the several boroughs of Allegheny county, as also the aldermen of said cities, and the justices of the peace of said county, shall make a statement Certain officers to under oath, on the first Monday of April, July, October and January, in each make annual reyear, of all the fines, forfeitures and penalties received by them, under the provi- turns of fines sions of the several acts of assembly of this commonwealth, to the respective treasurers of the said city of Philadelphia and county of Allegheny, and shall, at the same time, (2) pay over to said treasurer the amount of said fines, forfeitures And to pay over and penalties for the use of said city or county, as the case may be; and should the amount. any of said officers fail to furnish said statement, and pay over said amount so Penalty for collected and so required as aforesaid, the party so offending shall forfeit and pay neglect. to the said city of Philadelphia or the county of Allegheny, as the case may be, the sum of two hundred and fifty dollars, to be recovered by an action of debt in the court of common pleas in the county of Allegheny or Philadelphia, as the case may be. P. L. 630. 21. Whenever any action shall be brought upon a mortgage or recognizance of 3 April 1860 § 1. record, it shall be the duty of the prothonotary of the court in which the action is brought, to furnish to the recorder of deeds or the clerk of the court where In actions on mortsuch mortgage or recognizance is or may be recorded, a memorandum of the names gages or recogniof the parties, the number and term, and the date of such action; and it shall be dum to be furthe duty of the recorder or clerk to enter the same upon the record of such mort- nished to the recorder, &c. gage or recognizance. zances, memoran 22. Whenever a judgment, obtained in any action upon a mortgage or recogni- Ibid. 2. zance as aforesaid, shall have been satisfied upon the record thereof, either by the Certificate of satisreceipt of the plaintiff or by return of execution, it shall be the duty of the pro- faction to be furthonotary, upon the application of the defendant, to furnish a certificate of such nished to reentry of satisfaction or return, under the seal of the court; and upon the presen- corder, &c. tation of the same, it shall be the duty of such recorder of deeds, or clerk, to mark such mortgage or recognizance satisfied. 23. The prothonotary and the recorder, or clerk, shall be entitled to receive for (z) See infra 33, as to Philadelphia county. Ibid. § 3. |