count of the tenant out of the same, and the landlord may prosecute the said suit to judgment and execution, as in other cases, or, if he think proper, may waive further proceedings before the said justice, alderman or aldermen's court, and distrain in the usual manner for the balance so settled, but if any landlord shall be convicted, after such waiver, in any court of record of distraining and selling more than to the amount of such balance and of detaining the surplus, he shall forfeit to the tenant three times the amount of the surplus detained. [Section III.] (Section III, P. L.) And be it further enacted by the authority aforesaid, That if any landlord shall distrain the goods of his tenant, agreeably to the existing laws of this commonwealth, for a sum not exceeding fifty-three dollars and one-third, and the tenant shall have a just account to set off against the same, it shall be the duty of any justice, alderman or aldermen's court, to whom application for that purpose shall be made to issue process against the landlord, to compel him to appear and show cause, if any he has, why the demand of the tenant should not be allowed, and upon the appearances of the landlord, or on his refusal or neglect to appear, if the said justice, alderman or aldermen's court shall be satisfied of the justice of the tenant's account, the same shall be defalced out of his arrears of rent, and the distress shall proceed for no more than the balance which shall remain due, in like manner and under the like penalty as is provided in the preceding section of this act. Provided always, That in all cases wherein the powers of the justices of the peace are by this act extended, the parties shall have the same right of removal, although the cause in dispute may not amount to ten pounds, and appeal, in like manner as is provided in other cases by the act to which this is a supplement. [Section IV.] (Section IV, P. L.) And be it further enacted by the authority aforesaid, That nothing in this act contained shall be construed or understood to extend to actions of ejectment brought to obtain possession of lands and tenements, actions of replevin in cases of actual distress, actions of slander, actions on real contracts for the sale or conveyance of lands and tenements, civil actions for damages in personal assault and battery, wounding or maiming, or to actions for false imprison ment. (Section V, P. L.) And whereas doubts have been entertained with respect to the mode of recovering the forfeitures and penalties prescribed by the following acts, passed in the year one thousand seven hundred, to wit: "An act against forcible entry," "An act against removing land marks,"" "An act against defacers of charters,"" and "An act about cutting timber trees: "4 [Section V.] Be it therefore enacted by the authority aforesaid, That in all cases arising under the said acts, where the penalty is fixed and the court not mentioned in which the recovery shall be had, the same shall be prosecuted in the court of quarter sessions of the county where the offence is committed, and warrants shall and may be issued by any of the aforesaid justices or aldermen, to oblige the offender or offenders to find surety for his, her or their appearance at said court, and to be of good behavior in the meantime, if necessary, and in default of such surety, to commit him, her or them to the gaol of such county, to be dealt with according to law. [Section VI.] (Section VI, P. L.) And be it further enacted by the authority aforesaid, That the acting constable in every ward, town, township, or district, in this commonwealth, shall, within six days after the election for a constable or constables has been held, give notice, in writing, to the person or persons who shall be chosen, of his or their election to the said office; and if such acting constable shall neglect so to do, he shall forfeit to the commonwealth the penalty of sixteen dollars; and if any person, so elected and notified, shall refuse or neglect to appear on the first day of the next court of quarter sessions, to decline or accept the said office, he shall forfeit the like penalty of sixteen dollars to the commonwealth, which penalties shall be levied by order of the said court. 'Passed November 27, 1700, Chapter 11. [Section VII.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That so much of an act of assembly, enacted on the first day of March, in the year one thousand seven hundred and forty-five, entitled, "An act for the more easy and speedy recovery of small debts"" and of the act to which this is a supplement, as is hereinbefore altered or amended, and the second section of the act, entitled, "An act to continue in force, for a limited time, the act, entitled, 'An act to extend the powers of the justice of the peace in this state, and other purposes therein mentioned,' "' passed the fourth day of April, one thousand seven hundred and ninety-eight, be, and the same is hereby, repealed and made null and void." [Section VIII.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid, That this act shall be and continue in force for the term of two years from and after the passing of this act, and from thence until the end of the next session of the general assembly of this commonwealth, and no longer. Passed March 1, 1799. Recorded L. B. No. 6, p. 348. CHAPTER MMXXIV. AN ACT FOR THE APPOINTMENT AND REGULATION OF CONSTABLES IN THE DISTRICT OF SOUTHWARK. [Section I.] (Section I, P. L.) Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That, from and after the passing of this act, the electors of the district of Southwark shall, on the same day and at the same place where they meet to choose inspectors for the election of commissioners for said district, 5Chapter 365. annually elect six suitable citizens residing in the district aforesaid, and return the names of the persons so elected to the next general court of quarter sessions to be held for the county of Philadelphia, and the said court shall appoint three of them constables for the said district; and if either of the said constables elected and appointed as aforesaid, refuse or neglect to take upon him the office to which he shall be appointed as aforesaid, or in case of vacancy by dismission from office for misconduct, death, resignation or removal from the said district, the court may and shall appoint another proper person to serve the office of constable for and during the term, or residue of the term, which the person in whose room he shall be so appointed was entitled to serve. [Section II.] (Section II, P. L.) And be it further enacted by the authority aforesaid, That before any constable of the said district, elected and appointed as aforesaid, shall enter on the duties of his office, he shall become bound by recognizance, with two or more good and sufficient sureties, inhabitants and citizens of the said district, to be approved by the justices of the said general court of quarter sessions, for the faithful performance of the duties of the office, jointly and severally, in the sum of two hundred dollars, payable to the commonwealth, in trust for the use and benefit of all and every person or persons, who may be injured or aggrieved by the neglect or improper conduct of such constable in the execution of the duties of his said office. [Section III.] (Section III, P. L.) And be it further enacted by the authority aforesaid. That if any constable or constables,. elected and appointed under this act, or any person or persons by his or their direction, shall at any time hereafter purchase, on account or for the use of the said constables, or any of them at his or their respective sales, any goods, chattels, wares or merchandises, taken in execution by the said constables, or any of them, and the same be proved on the oath or affirmation of one or more creditable witness or witnesses, such constable shall forfeit and pay, for every such offence, any sum not less than ten nor more than one hundred dollars, one-half for the use of the state, and the other for the use of the person who shall inform of and prove the buying aforesaid, to be recovered in any court of record in the county of Philadelphia; and on conviction as aforesaid the said constable shall be disqualified from holding said office for and during the term for which he shall have been appointed. [Section IV.] (Section IV, P. L.) And be it further enacted by the authority aforesaid, That so much of the act, entitled, "A supplement of the act, entitled, 'An act to extend the powers of the justices of the peace in this state,' "' passed the thirteenth day of February, in the year of our Lord one thousand seven hundred and ninety-six,' as relates to the election and appointment of an high constable for the district of Southwark, be, and the same is hereby, repealed. AN ACT AUTHORIZING THE CONTINUANCE OF THE SITTING OF THE COURT OF GENERAL QUARTER SESSIONS OF THE PEACE OF THE COUNTY OF PHILADELPHIA, BEYOND THE FOUR DAYS, TO WHICH THEY ARE AT PRESENT RESTRICTED. Whereas the time heretofore limited for the holding of the court of general quarter sessions of the peace for the county of Philadelphia has ben found, on experience, to be insufficient for completing the business thereof: Therefore, [Section I.] (Section I, P. L.) Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That, from and after the passing of this act, the justices of the county court of general quarter sessions of the peace for the county of Philadelphia shall, and they are hereby enjoined and required to continue the present, and every future session of the said court, for so many days as they shall deem necessary to finish the business thereof, and to hold 1Chapter 1872. |