checks, bills of exchange or other instruments negotiable by the laws of this com- 12 April 1869 § 1. monwealth, and becoming payable on said Good Friday, shall be deemed to become P. L. 26. due on the secular day next preceding the afore-mentioned day, on which said Notes falling due secular day, demand of payment may be made, and in case of non-payment or dis- on Good Friday. honor of the same, protest may be made, and notice given in the same manner as if such notes, checks, bills of exchange or other instruments fell due on the day of such demand, and the rights and liabilities of all parties concerned therein shall be the same as in other cases of like instruments legally proceeded with: Provided, That nothing herein contained shall be so construed as to render void any demand, notices or protest, made or given as heretofore at the option of the holder. P. L. 426. be recovered back. 8. Whenever any value or amount shall be received as a consideration in the 5 April 1849 § 10. sale, assignment, transfer or negotiation, or in payment of any bill of exchange, draft, check, order, promissory note or other instrument negotiable within this Consideration of commonwealth, by the holder thereof, from the indorsee or indorsees, or payer or forged notes may payers of the same, and the signature or signatures of any person or persons represented to be parties thereto, whether as drawer, acceptor or indorser, shall have been forged thereon, and such value or amount, by reason thereof, erroneously given or paid, such indorsee or indorsees, as well as such payer or payers, respectively, shall be legally entitled to recover back from the person or persons previously holding or negotiating the same, the value or amount so as aforesaid given or paid by such indorsee or indorsees, or payer or payers, respectively, to such person or persons, together with lawful interest thereon, from the time that demand shall have been made for repayment of the same.(r) 8 Sm. 471. 9. In suits on the same instrument, bond or note, where several are bound; 11 April 1825 § 1. and in suits against the maker, indorser or indorsers of any note; and in suits on any bills of exchange against the drawer, acceptor or any indorser or indorsers In several suits on thereof, there shall be a taxation and recovery of the attorney and counsel fees, a note, but one taxable by law, in one of the said suits only, at the election of the party plaintiff; recovered. judgment fee to be and no fees for attorney or counsel shall be allowed or taxed, in any suit or suits, brought on the same instrument, bond, note or bill of exchange, against the party or parties thereto, other than in one where the election is made as aforesaid. (s) PROPRIETARIES. 1. Their estate vested in the commonwealth. 2. To be at the disposal of the legislature. 3. Former grants to be valid. 4. Private estates and proprietary manors reserved. 5. Quit-rents abolished. 6. Arrears of purchase-money to be paid to the state. 7. Repealing section. 8. Compensation to proprietaries. 1 Sm. 480. 1. All and every the estate, right, title, interest, property, claim and demand 27 Nov. 1779 § 5. of the heirs and devisees, grantees or others, claiming as proprietaries of Pennsylvania, whereof they or either of them stood seised, or to which they or any of Their estate vested them were entitled, or which to them were deemed to belong, on the 4th day of in the commonJuly, in the year of our Lord 1776, of, in or to the soil and land contained within wealth. the limits of the said late province, now state of Pennsylvania, or any part thereof, together with the royalties, franchises, lordships and all other the hereditaments and premises comprised, mentioned and granted in the charter or letters-patent of Charles the Second, heretofore King of England, to William Penn (except as hereinafter excepted), shall be and they are hereby vested in the commonwealth of Pennsylvania, for the use and benefit of the citizens thereof, freed and discharged, and absolutely acquitted, exempted and indemnified of, from and against all estates, uses, trusts, entails, reversions, remainders, limitations, charges, incumbrances, titles, claims and demands whatsoever, from, by or under the said charter or letters-patent, or otherwise, as fully, clearly and entirely as if the said charter or letters-patent, and the estates, interests, hereditaments and premises therein comprised, mentioned and granted, and all the other estate, right and title of the said proprietaries of, in and to the same premises, were herein transcribed and repealed. 2. The said soil and lands, hereditaments and premises, and every part and parcel thereof (except as herein excepted), from and after the date hereof, shall (r) This act is not merely declaratory of the existing law; it gives a clear right to the holder of forged paper to recover the money paid by him to a previous holder; upon this right, the act imposes no qualification. Corn Exchange Bank v. Bank of the Republic, 78 P. S. 233, 237. See Rick v. Kelly, 30 Ibid. 527. Roth v. Crissy, Ibid. 145. Chambers v. Union Bank, 78 Ibid. 205; s. c. 9 Phila. 129. This act does not dis Ibid. § 6. pense with the necessity of care and diligence on the part of the payer, or exempt him from the consequence of his own negligence if thereby loss accrue to the other party. Iron City National Bank v. Fort Pitt National Bank, 33 W. N. C. 435. (s) See Columbia Bank v. Halderman, 3 Clark 167. 1 Sm. 480. 27 Nov. 1779 § 6. be subject to such disposal, alienation, conveyance, division and appropriation as to this or any future legislature of this commonwealth shall, from time to time, seem meet and expedient, in pursuance of such law or laws as shall for that purpose hereafter be made and provided. To be at the dis posal of the legislature. Ibid. § 7. Former grants to be valid. Ibid. § 8. Private estates and proprietary 3. Provided always, That all and every the rights, titles, estates, claims and demands which were granted by or derived from the said proprietaries, their officers, or others by them duly commissioned, authorized and appointed, or otherwise, or to which any person or persons, other than the said proprietaries, were or are entitled, either in law or equity, by virtue of any deed, patent, warrant or survey, of, in or to any part or portion of the lands comprised and contained within the limits of this state, or by virtue of any location filed in the land-office, at any time or times before the said 4th of July, in the year of our Lord 1776, shall be and they are hereby confirmed, ratified and established forever, according to such estate or estates, rights or interests, and under such limitations and uses, as in and by the several and respective grants and conveyances thereof are directed and appointed. 4. Provided also, That all and every the private estates, lands and hereditaments of any of the said proprietaries, whereof they are now possessed, or to which they are now entitled, in their private several right or capacity, by devise, purmanors reserved. chase or descent, and likewise all the lands, called and known by the name of the proprietary tenths or manors, which were duly surveyed and returned into the land-office on or before the 4th day of July, in the year of our Lord 1776, together with the quit or other rents and arrearages of rents reserved out of the said proprietary tenths or manors, or any part or parts thereof, which have been sold, be confirmed, ratified and established forever, according to such estate or estates therein, and under such limitations, uses and trusts, as in and by the several and respective reservations, grants and conveyances thereof, are directed and appointed. Ibid. § 9. Quit-rents abolished. Ibid. § 10. Arrears of pur chase-money to be paid to the state. Ibid. § 11. Repealing section. Ibid. § 18. Compensation to proprietaries. 5. All and every the quit-rents, which at any time or times heretofore have been reserved in and by any warrant, patent of other conveyance of lands or other hereditaments, from, by or under the said proprietaries, their officers, or others by them commissioned and appointed, and all and every the dues and arrearages of quit-rents, and arrearages of purchase-moneys for lands, not within the tenths or manors aforesaid, or which at any time or times heretofore have been deemed or taken to be due and in arrear, other than the quit or other rents reserved within the proprietary tenths or manors before mentioned, shall from henceforth cease and determine; and the same lands and other hereditaments shall be held free and discharged therefrom, and from the payment thereof forever. 6. Provided always, That in order to preserve equality among the purchasers of land under the said late proprietaries, the said arrears of purchase-money, other than for lands within the said tenths or manors, shall be accounted to be due and payable to the commonwealth. 7. All and every law or laws, act or acts of assembly heretofore made and enacted by the legislature of the province of Pennsylvania, or such parts and clauses thereof, by which any right, title or claim, power or authority, is or are given or granted, ratified or established in the said proprietaries or any of them, their or any of their officers or servants, of, in or to any of the estates, lands or other hereditaments herein and hereby vested and confirmed, or meant to be hereby vested and confirmed in this commonwealth, for the use and benefit of the citizens thereof, or of, in or to the quit-rents and purchase-money and arrearages thereof, or of, in or to any portion thereof herein and hereby released, discharged and abolished, or meant so to be, are hereby annulled, revoked and repealed. 8. The sum of one hundred and thirty thousand pounds, sterling money of Great Britain, (shall) be paid out of the treasury of this state, to the devisees and legatees of Thomas Penn and Richard Penn, late proprietaries of Pennsylvania, respectively, and to the widow and relict of the said Thomas Penn, in such proportions as shall hereafter by the legislature be deemed equitable and just, upon a full investigation of respective claims. PROTEST. See BILLS OF EXCHANGE; NOTARIES PUBLIC. PROTHONOTARIES AND CLERKS. I. ELECTION OF PROTHONOTARIES, &c. 1-64. Prothonotaries, clerks, registers and recorders to be elected in the several counties. 65. How elections to be conducted. 66. Duties of return-judges. Persons elected to be commissioned. When commissions to issue: and to expire. 67. Elections to fill vacancies. 68. Contested elections. 69. Former laws to remain in force. 70. Separate tickets to be voted. II. POWER AND DUTIES OF PROTHONO TARIES. 71. Prothonotaries to be sworn. And to give bond. 72. Their powers and authorities. 73. Power to administer oaths. 74. Power to take recognizances in the oyer and terminer. 75. When to grant stay of execution. 76. Acts of officers appointed for temporary purposes to be valid. 77. Deputy to act, in case of vacancy. Bonds. 78. Officers to appoint deputies. 79. To transmit annual statements of the criminal business of their courts to the secretary. 80. Appointment of commissioners of bail, in Philadelphia. 81. Responsibilities, in Philadelphia, for false certificates of search. I. Election of prothonotaries, &c. P. L. 559. 1. The qualified electors of each county of this commonwealth shall, at the 2 July 1889 § 1. next general election, at the times and places of electing representatives, and Prothonotaries, whenever it becomes necessary for an election, under this act, vote for prothono- &c., to be elected taries, clerks of the several courts, recorders of deeds and registers of wills, for in the several each county respectively, as follows, namely: counties. 2. The qualified electors of the county of Adams shall elect one person to fill Adams. the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer, and of the orphans' court; and one person to fill the offices of register of wills, and recorder of deeds. 3. The qualified electors of the county of Allegheny shall elect one person to Allegheny. fill the offices of prothonotary of the court of common pleas and of the district court; one person to fill the offices of clerk of the several courts of general quarter sessions and oyer and terminer; one person to fill the office of clerk of the orphans' court; and one person to fill the office of register of wills; and one person to fill the office of recorder of deeds. (t) 4. The qualified electors of the county of Armstrong shall elect one person to Armstrong. fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the offices of register of wills, recorder of deeds and clerk of the orphans' court. 5. The qualified electors of the county of Beaver shall elect one person to fill Beaver. the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer, and clerk of the orphans' court; and one person to fill the offices of register of wills, and recorder of deeds. 6. The qualified electors of the county of Bedford shall elect one person to fill Bedford. the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court; and one person to fill the offices of register of wills, and recorder of deeds.(u) 7. The qualified electors of the county of Berks shall elect one person to fill Berks. the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the office of clerk of the orphans' court; one person to fill the office of register of wills; and one person to fill the office of recorder of deeds. 8. One person shall fill the offices of prothonotary, clerk of the courts of general Blair. quarter sessions, of oyer and terminer, and of the orphans' court, in said county of Blair; and one person shall fill the offices of register of wills and recorder of deeds, in said county.(v) 9. The qualified electors of the county of Bradford shall elect one person to Bradford. fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the offices of register of wills, recorder of deeds and clerk of the orphans' court. 10. The qualified electors of the county of Bucks shall elect one person to fill Bucks. the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the office of clerk of the orphans' court; one person to fill the office of register of wills; and one person to fill the office of recorder of deeds. 11. The qualified electors of the county of Butler shall elect one person to fill Butler the office of prothonotary; one other person to fill the offices of clerk of the court (t) Act 16 April 1866, P. L. 942. (u) Act 28 June 1871, P. L. 1375. (v) Act 26 February 1846, § 6, P. L. 65. P. L. 559. 2 July 1839 § 1. of general quarter sessions, clerk of the court of oyer and terminer, and clerk of the orphans' court of said county; and one person to fill the offices of register of wills, and recorder of deeds.(w) Cambria. Carbon. Centre. Chester. Clarion. Clearfield. Clinton. Columbia. Crawford. Cumberland. Dauphin. Delaware. Erie. Fayette. Forest. Franklin. 12. The qualified electors of Cambria county shall elect one person to fill the office of prothonotary, clerk of the court of general quarter sessions and oyer and terminer; and one person to fill the office of register of wills, recorder of deeds and clerk of the orphans' court.(x) 13. The citizens of the county of Carbon who are qualified to elect members of the legislature, shall elect one reputable citizen to be prothonotary and clerk of the court of oyer and terminer, and of quarter sessions, and clerk of orphans' court; and one reputable citizen to be register of wills, and recorder of deeds.(y) 14. The qualified electors of the county of Centre shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person to fill the offices of register of wills, recorder of deeds, and clerk of the orphans' court. 15. The qualified electors of the county of Chester, shall elect one person to fill the office of prothonotary; one person to fill the offices of the clerk of the courts of general quarter sessions, oyer and terminer, and orphans' court; one person to fill the office of register of wills; and one person to fill the office of recorder of deeds. 16. The qualified electors of the county of Clarion shall elect one person to fill the office of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person to fill the office of register of wills, recorder of deeds, and clerk of the orphans' court.(z) 17. The qualified electors of the county of Clearfield shall elect one person to fill the office of prothonotary, clerk of the courts of quarter sessions and oyer and terminer; and one person to fill the offices of clerk of the orphans' court and register of wills, and the office of recorder of deeds for said county. 18. The qualified electors of the county of Clinton shall elect one person to fill the offices of prothonotary, clerk of the court of general quarter sessions of the peace and oyer and terminer; and one person to fill the offices of register of wills, recorder of deeds, and clerk of the orphans' court.(a) 19. The qualified electors of Columbia county shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court; and one person to fill the offices of register of wills, and recorder of deeds. 20. The qualified voters of Crawford county shall elect one person to fill the office of prothonotary of the court of common pleas; one person to fill the office of clerk of the several courts of general quarter sessions and oyer and terminer, and orphans' court; and one person to fill the offices of register of wills, and recorder of deeds.(b) 21. The qualified electors of the county of Cumberland shall elect one person to fill the office of prothonotary; one person to fill the offices of recorder of deeds, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court; and one person to fill the office of register of wills. 22. The qualified electors of the county of Dauphin shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the offices of clerk of the orphans' court, and recorder of deeds; and one person to fill the office of register of wills. 23. The qualified electors of the county of Delaware shall elect one person to fill the offices of prothonotary of the court of common pleas and clerk of the general quarter sessions of the peace and oyer and terminer; and shall elect one other person to fill the office of recorder of deeds, and also shall elect one other person to fill the offices of clerk of the orphans' court and register of wills. (c) 24. The qualified electors of the county of Erie shall elect one person to fill the offices of prothonotary of the court of common pleas [and district court]; one person to fill the offices of clerk of the courts of general quarter sessions, oyer and terminer and orphans' court; and one person to fill the offices of register of wills, and recorder of deeds. (d) 25. The qualified electors of the county of Fayette shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person for register of wills, and recorder of deeds, and clerk of the orphans' court. 26. The qualified electors of Forest county shall elect one person to fill the office of prothonotary, clerk of the courts of oyer and terminer, general quarter sessions and orphans' court, register of wills, and recorder of deeds. (e) 27. The qualified electors of the county of Franklin shall elect one person to fill the office of prothonotary; one person to fill the offices of clerk of the courts of (w) Act 14 April 1851, § 5, P. L. 553. (z) Act 8 April 1852, P. L. 296. (a) Act 29 March 1856, P. L. 185. (b) Act 7 April 1848, § 36, P. L. 368. general quarter sessions, oyer and terminer and orphans' court; and one person to 2 July 1889 § 1. fill the office of register of wills, and recorder of deeds. P. L. 559. 28. The qualified electors of the county of Fulton shall elect one person to fill Fulton. the offices of prothonotary, clerk of the courts of oyer and terminer, general quarter sessions and orphans' courts, register of wills, and recorder of deeds.(g) 29. The qualified electors of the county of Greene shall elect one person to fill Greene. the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer, and clerk of the orphans' court; and one person to fill the offices of register of wills, and recorder of deeds. (h) 30. The qualified electors of the county of Huntingdon shall elect one person Huntingdon. to fill the offices of prothonotary, clerk of the courts of quarter sessions and oyer and terminer; and one person to fill the office of register of wills, recorder of deeds, and clerk of the orphans' court. 31. The qualified electors of the county of Indiana shall elect one person to fill Indiana. the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person to fill the offices of register of wills, recorder of deeds, and clerk of the orphans' court. 32. The qualified electors of the county of Jefferson shall elect one person to Jefferson. fill the offices of prothonotary, clerk of the courts of quarter sessions, oyer and terminer, orphans' court, register of wills, and recorder of deeds. 33. The qualified electors of the county of Juniata shall elect one person to fill Juniata. the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person to fill the offices of register of wills, recorder of deeds, and clerk of the orphans' court. 34. The qualified electors of the county of Lancaster shall elect one person to Lancaster. fill the offices of prothonotary of the court of common pleas [and district court;] one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the office of clerk of the orphans' court; one person to fill the office of register of wills; one person to fill the office of recorder of deeds. 35. The qualified electors of the county of Lawrence shall elect one person to Lawrence. fill the offices of prothonotary of the court of common pleas, clerk of the court of quarter sessions of the peace, clerk of the court of oyer and terminer and clerk of the orphans' court; and one person to fill the offices of register of wills, and recorder of deeds. (i) 36. The qualified electors of the county of Lebanon shall elect one person to fill Lebanonthe offices of prothonotary and clerk of oyer and terminer; one person to fill the offices of clerk of the court of quarter sessions, and recorder of deeds; one person to fill the office of register of wills; and one person to fill the office of clerk of the orphans' court.(k) 37. The qualified electors of the county of Lehigh shall elect one person to fill Lehigh. the office of prothonotary; one person to fill the office of recorder of deeds; one person to fill the offices of clerk of the courts of quarter sessions and oyer and terminer; one person to fill the office of clerk of the orphans' court; and one person to fill the office of register of wills.(1) 38. The qualified electors of the county of Luzerne shall elect one person to fill Luzerne. the offices of prothonotary of the court of common pleas; one person to fill the office of clerk of the courts of general quarter sessions, oyer and terminer and orphans' court; one person who shall hold the office of register of wills; and one person who shall hold the office of recorder of deeds.(m) 39. The qualified electors of the county of Lycoming shall elect one person to Lycoming. fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person to fill the offices of register of wills, and recorder of deeds, and clerk of the orphans' 'court. 40. The qualified voters of McKean county are hereby authorized and required McKean. to elect, at the next general election, one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court, and to fill the offices of register of wills, and recorder of deeds.(n) 41. The qualified electors of the county of Mercer shall elect one person to fill Mercer. the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court; and one person to fill the offices of register of wills, and recorder of deeds. 42. The qualified electors of the county of Mifflin shall elect one person to fill Mifflin. the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the offices of register of wills, recorder of deeds, and clerk of the orphans' court. 43. The qualified electors of the county of Monroe shall elect one person to fill Monroe. the office of prothonotary, clerk of the courts of general quarter sessions, and oyer (9) Act 19 April 1850, § 22, P. L. 809. (h) Act 2 April 1869, P. L. 637. (k) Act 8 April 1857, P. L. 172. (1) Acts 14 April 1863, P. L. 406; and 5 May 1864, P. L. 850. (m) Acts 10 April 1849, § 4, P. L. 582; and 23 February 1853, § 2, P. L. 698. (n) Act 11 April 1866, P. L. 763. |