Pennsylvania Act 1846-381 — RECOGNIZANCES - FORFEITURE - PROCEEDS - PHILADELPHIA

Act text

RECOGNIZANCES - FORFEITURE - PROCEEDS - PHILADELPHIA
                 Act of Apr. 22, 1846, P.L. 476, No. 381              Cl. 11
                                  AN ACT

     In regard to certain entries in ledgers in the city of
        Pittsburg, and relating to the publishing of sheriffs' sales,
        and for other purposes.

        Compiler's Note:  Section 2 of Act 53 of 1978 provided that
            Act 381 is repealed except for section 6 which is saved
            from repeal.

        WHEREAS, By the great fire, which destroyed a large portion
     of the city of Pittsburg, on the tenth of April, Anno Domini,
     one thousand eight hundred and forty-five, a large number of day
     books, containing the original entries of merchandize sold and
     delivered, and work and labor done, and other evidences of debt,
     were destroyed, in consequence of which great loss snd injustice
     must be sustained, unless a remedy be provided: And whereas, It
     is impossible to prove every particular item of an account for
     goods sold, where the book of original entries has been lost or
     destroyed; therefore,
        Section 6.  That where the amount, or any part thereof of any
     judgment, recovered in pursuance of this act, shall be collected
     by execution or otherwise, the same shall be taken in open
     court, by the sheriff or other officer having received the same;
     and it shall be the duty of the judges of the said 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: First--That so much thereof as shall be necessary, shall be
     applied to pay the costs on such prosecution, and on the
     proceedings before the magistrate who shall have taken such
     recognizance, together with such reasonable compensation as the
     court shall adjudge to the officers employed to arrest the
     person or persons, on whose default the said recognizance was
     forfeited, as well as to those employed in the conduct and
     collection of such judgment: Second--That so much of the residue
     thereof, as will satisfy the amount of damage sustained by any
     person, by reason of the commission of such crime or
     misdemeanor, with interest thereon, to be counted from the date
     of the commission of such crime or misdemeanor, shall be applied
     thereto: Third--And that the residue of any moneys collected as
     aforesaid, be paid said county, or into the treasury of the
     commonwealth, as the case may be: Provided, That it shall be in
     the power of the court, in all cases where the forfeiture is
     stricken off, before any money is paid into court as aforesaid,
     to order the county, or the defendant, to pay the costs and
     expenses hereinbefore provided for, as the case may require.