Beck v. Finnefrock

Citations

• 72 Pa. Super. 544
• 1919 Pa. Super. LEXIS 363

Syllabus

<p>Practice} O. P. — Judgment on order certified from the quarter sessions — Act of May 8, 1901, P. L. US.</p> <p>1. The Act of May 8, 1901, P. L. 143, providing for the certification of an order or sentence of, the court of quarter sessions, to the court of common pleas is not ex post facto, in so far as it relates to an order or sentence entered prior to its passage. The sentence itself contemplates payment in full by the defendant and the Act of 1901 did not increase that payment, but simply provided a remedy for the enforcement of the liability created by the sentence.</p> <p>2. Under the provisions of the Act of May 8,1901, P. L. 143, it is not required that the court of quarter sessions or the judge thereof should certify a copy of its order or sentence to the court of common pleas. In the absence of any statutory requirement to the contrary, the clerk of the court is the proper officer to make such certification, and the direction or authority of the court to do so is no more necessary than it is to certify a judgment of the court of common pleas, or an order of the orphans’ court.</p> <p>3. While the primary purpose of an order for support in fornication and bastardy is to indemnify the township or poor district against being called upon to pay for the maintenance of the child, the mother of the child, who has actually supported it, has an interest in the order and the sentence of the court of quarter sessions, to the extent of the payments due her during the period the child was supported by her, and she may avail herself of the provisions of the Act of May 8, 1901, P. L. 143. In the case of her death such right survives to her legal representatives.</p>