judgment: Provided, That the county auditors of the several counties of Proviso. SECTION 11. In all actions brought under the provisions of the pre- County treaceding sections of this act, the county treasurers may employ one or surers may emmore attorneys at law, to prosecute the same, at an expense not ex- ploy attorney. ceeding three per centum on the moneys recovered, to be paid thereout. SECTION 12. That hereafter it shall be lawful to commence and Prosecution of prosecute to final judgment and execution, in the court of common pleas defaulting officers of Dauphin county, suits against any and all persons who are or may in Dauphin co. hereafter be officers of any description whatsoever within this commonwealth, appointed by the governor, or by the board of canal commissioners, or elected by either house of the legislature, or by both houses in joint ballot, and who shall become defaulters in not paying over or accounting for money in their hands, due and belonging to the commonwealth, and against their sureties, in the same manner, and with like effect, as if the said defaulting persons and officers and their sureties were residents of the said county of Dauphin; and for this purpose, all necessary writs of summons, writs of fieri facias, writs of fieri facias with clause of attachment, to attach debts owing and stocks, as practiced in other cases, and writs of venditioni exponas, and alias and pluries writs of the same kind, may issue from said court into any county, and at the same time, if deemed necessary, into the several counties of this commonwealth, there to be transmitted by mail to the sheriff or coroner, as the case may require, whose duty it shall be to execute the same, and make return thereof in the same manner as is now practiced in relation to testatum writs. SECTION 13. That in all cases where judgments may be obtained in Transcripts. said county of Dauphin, under the provisions of this act, certified transcripts of the docket entries thereof may be entered, at the instance of the state treasurer, in the court of common pleas of any other county or counties, wherein he believes any such defendants may own real estate, and the same shall, from the date of such entry, be a lien upon all the real estate of the defendants situate in such county or counties, in the same manner and with like effect as if the said real estate were situate in the county of Dauphin; and as soon as the amount of such judgment shall be paid, the said state treasurer shall cause satisfaction to be entered thereon on the payment of all costs by the defendants. SECTION 14. That the state treasurer and auditor general are hereby Duties of treaauthorized and required, as often hereafter as any defalcation of any surer and auditor officer as aforesaid may occur, to commence suits in the said court of general, in cases common pleas of the county of Dauphin, in the manner prescribed in the of defalcation. preceding sections of this act, against all such officers who may appear, from the records of their departments, to be defaulters, in failing to pay over to the treasury of this commonwealth, and their sureties, all or any sums of money in their hands, due and belonging to the common Proviso. Expense. Of suits against such as are now defaulters. wealth, and shall prosecute each and all of said suits with the utmost despatch, to final judgment and execution: Provided, That suits shall not be commenced in cases where the auditor general and state treasurer shall designate the said parties as being insolvent. SECTION 15. That the said officers shall not incur any expense for professional services, exceeding three per cent. on the sums actually collected and received into the treasury, from suits brought under the provisions of this act. SECTION 16. That the state treasurer and auditor general are hereby authorized and required, within six months after the passage of this act, to cause suits to be brought against all persons and their sureties, in the court of common pleas of said county of Dauphin, who are now defaulters to the commonwealth, and were officers or sureties, such as are mentioned in the twelfth section of this act, and against all county officers and their sureties, who are now defaulters in the several counties, where such defaulters reside, except in cases where the state treasurer and auditor general shall deem said defaulters and their sureties insolvent; and said suits shall be speedily prosecuted to judgment and execution: Provided, That if any such defaulters or their sureties shall, within the said six months, settle and pay to the said treasurer, the amounts due to the commonwealth by them, respectively, the said state treasurer is hereby authorized to receive in payment from them, certificates of Pennsylvania state loans, certificates issued to domestic creditors, or certificates issued for interest on the state loan, at their par value, which certificates, when so paid in, shall be cancelled. SECTION 17. That if any officer within this commonwealth, charged with the collection, safe-keeping, transfer or disbursement of public money, shall convert to his own use in any way whatever, or shall use, by way of investment in any kind of property or merchandize, or shall loan with or without interest, any portion of the public money entrusted to him for collection, safe-keeping, transfer, or disbursement, or shall prove a defaulter and fail to pay over the money committed to his care, when thereunto legally required by the state treasurer, or other proper officer, every such act shall be decreed and adjudged to be an Embezzlement. embezzlement of so much of said money as shall be thus taken, con Penalty. Report of state treasurer. Auditor general to furnish treasurer with copies of reports and accounts. verted, invested, used, loaned or unaccounted for, which is hereby declared a felony; and every such officer, and every other person or persons, whomsoever aiding and abetting, or being in any way accessary to said act, being thereof convicted in any court of competent jurisdiction within said commonwealth, shall be sentenced to imprisonment in the penitentiary for a term of not less than six months nor more than five years, and also, to pay a fine equal to the amount of money embezzled. SECTION 18. That it shall be the duty of the state treasurer, annually hereafter, within ten days after the meeting of the legislature, to report to the senate and house of representatives, the names of all persons who are then defaulters to the commonwealth, together with the nature and amount of such default; and the said treasurer shall also communicate to the attorney general, the names and residence of all defaulters, with the amount of their defalcation. SECTION 19. That it shall be the duty of the auditor general to place in the hands of the state treasurer, certified copies of all the reports and accounts on file in his department, of the commissioners appointed by the governor of this commonwealth, under the provisions of the act passed the fourth day of March, one thousand eight hundred and forty one, entitled "An Act to establish an asylum for the insane of this commonwealth ;" and the said treasurer shall cause suit or suits to be brought in the name of the commonwealth, against the said commissioners, in the court of common pleas of Dauphin county, for the recovery of the whole amount of money or property received by them, or such part thereof as shall be just and equitable, for any abuse in the exercise of their trust, under the provisions of the said act, and prosecute the same to final judgment and execution, or take such other measures in the premises as he may deem advisable; and all writs mentioned in the twelfth section of this act, may be issued to any sheriff or coroner of the county where either of said commissioners may reside, and shall be served, by such officer, as other writs; and in any suit brought against said commissioners a verdict and judgment may be rendered against one or more of said commissioners, as the justice of the case may require. SECTION 20. That it shall be lawful for the executors of the will of Of collateral inJohn Wiggins, deceased, late of the county of Dauphin, or for either heritance tax on of them, to pay to the register for the probate of wills, &c., in the said estate of John county of Dauphin, the collateral inheritance tax on the real estate, Wiggins, dec'd. devised or left by said deceased, the same being situate in several counties of this commonwealth, and the same shall be in full of all claims of the commonwealth of Pennsylvania, on the estate of said deceased, for collateral inheritance tax; and in estimating the amount of said tax, the said register shall take, as the estimate of the value of the said real estate, the amount at which the said real estate was assessed in the assessment of the year one thousand eight hundred and thirty, and deducting from the assessed value of the different properties respectively, the amount of principal of the debt or debts which have, since the death of said deceased, been paid by the executors, or either of them, out of the proceeds of said properties respectively. APPROVED-The sixteenth day of April, one thousand eight hundred and forty-five. FRS. R. SHUNK. Sales, after return day of writs of execution, confirmed. No. 349. AN ACT Concerning certain sheriffs and coroners sales, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That all sales of real property within this commonwealth, made since the passage of the act to which this is a supplement, by sheriffs or coroners, after the return day of their several writs of levari facias, fieri facias, venditioni exponas, or other writ of execution, shall not on account of such irregularity in such proceeding be set aside, invalidated, or in any manner affected, and such sales so made shall be held as good and valid, to all intents and purposes, as if such sales had been made on or before the return day of such writs respectively; but this section shall not affect any sale heretofore adjudged to be illegal by any court. Sales, after first SECTION 2. That after the first day of July next, all sales of real July, to be on or estate by sheriffs and coroners, shall be made on or before the retur before return day day of the writs respectively, or within six days thereafter. Exception. of writ. Of real estate extended. Revivals of judg SECTION 3. That in all cases where real estate has heretofore been extended, and the plaintiff has failed to signify, within ten days after the inquisition, his election, to permit the defendant to retain the possession at the appraisement, it shall be lawful for any such plaintiff to signify such election within sixty days from the passage of this act, and to proceed therein in all other respects as to the acceptance or refusal of the defendant, or other person claiming under him, and as to sale of the premises, as is directed in other cases. SECTION 4. That hereafter it shall not be deemed error to issue any ments within five writ of execution on a judgment, in any court, which has not been reyears, may be vived within a year and a day, if the same have been revived within issued on. five years. Mechanics' lien law construed. Proviso. SECTION 5. It is hereby declared that the provisions of the act, approved June sixteenth, eighteen hundred and thirty six, entitled "An Act relating to the lien of mechanics and others upon buildings," according to the true intent and meaning thereof, extend to and embrace claims for labor done, and materials furnished and used in erecting any house or other building which may have been or shall be erected under, or in pursuance of any contract or agreement for the erection of the same, and the provisions of the said act shall be so construed; and no claim, which has been or may be filed against any house or other building, or the lien thereof, or any proceedings thereon, shall be in any manner affected by reason of any contract having been entered into for the erection of such building, but the same shall be held as good and valid as if the building had not been erected by contract: Provided, That no case shall be affected by this section, which may have been decided by the supreme court, or in which the proceeds of the sale of any real estate may have been distributed by the decree of any court, from which no appeal has been taken. SECTION 6. That all the official acts of George Elliott, esquire, as Official acts of an acting justice of the peace in Armstrong, now Clarion county, shall George Elliott, be deemed as good and valid in law, to all intents and purposes, as if confirmed. the said George Elliott, esquire, was, at the time of the performance of said official acts, a citizen of this commonwealth, and could furnish the requisite evidence thereof. SECTION 7. That the official acts of Richard Lancaster, esquire, of Official acts of the county of Wayne, as a justice of the peace, auditor, commissioner, Richard Lancasand treasurer and sheriff of said county, are hereby made as legal and ter, confirmed. valid, the same as if the said Richard Lancaster had been a naturalized or native born citizen of the United States. SECTION 8. That the recorder of deeds of Montgomery county shall Recorder of procure a suitable book, and cause to be made therein, in a plain and Montgomery co. legible hand, under the direction of the judges of the court, a general to index commisindex to the commissions, bonds, oaths of office, and other instru- sions, &c. ments relating thereto, of persons who have held offices within said county, in such manner as to afford a convenient reference to the same, for the costs of which book, and the services of the recorder, he shall Costs. be allowed such sum as the said judges and county commissioners shall think reasonable to be paid, by orders drawn by said county cominissioners on the county treasurer, and said book shall remain in said office, and the said index be continued by the recorder of deeds for the time being, without any fees or compensation therefor. SECTION 9. That it shall not be the duty of any coroner of the county Duty of coroner of Philadelphia to hold an inquest on the body of any deceased person, of Philadelphia unless the said deceased person shall have died of violent death, and if county. the said coroner shall hold an inquest in any other case, he shall not be entitled to compensation therefor; that instead of the fees now allowed Fees. him by law, the said coroner shall receive, for each inquest held by him, the sum of four dollars, and that when he shall make any payments for jury fees, witnesses or burials, he shall take receipts for all sums so paid, and upon presentation of an account of such payments, certified to be correct and true, by the oath or affirmation of the said Payment. coroner, before a proper officer, accompanied by said receipts, he shall be entitled to a reimbursement of said sums from the county treasury: Provided, That the fees to be received by the coroner, for his own Amount limited. services, shall not exceed the sum of fifteen hundred dollars per annum; it shall not be lawful for the said coroner to summon more than six jurors on any one inquest. common pleas Philadelphia. SECTION 10. That the judges of the court of common pleas for the Appointment of county of Philadelphia, shall not appoint more than two criers, and tipstaves and four tipstaves or constables, to attend upon the court of common pleas, criers by court of orphans' court, and registers' court for said county-and one crier, two tipstaves and seven constables, to attend upon the courts of oyer and terminer and general quarter sessions of the peace of the said county; and the judges of the district court for the city and county of Phila- Criers and condelphia, shall not appoint more than two criers, and four tipstaves or stables, district constables, to attend upon the said court; and the said criers and tip- court city and co. Philadelphia. staves shall receive, respectively, the sum of one dollar and fifty cents per day, for every day's actual attendance upon the said courts, to be Pay. paid out of the county treasury, upon the certificate of the president and one of the associate judges of the said courts respectively; and all laws or parts of laws hereby altered or supplied, be and the same are hereby repealed. |