Commonwealth v. Allen

Citations

• 2 Pa. Super. 175
• 1896 Pa. Super. LEXIS 34

Syllabus

<p>Practice, O. P. — Proceedings on bond to commonwealth to take benefit of insolvent law.</p> <p>An action on a bond to the commonwealth to take benefit of the insolvent laws in a conviction for fornication and bastardy is properly brought in the name of the commonwealth to the use of the persons interested or at their instance. No assignment or authorization by any officer of the commonwealth is required: Com. v. Snyder, 1 Sup. Ct. 286, followed.</p> <p>Insolvent law — Act of June 16, 1836, sec. 47, P. L. 740 — Commonwealth is plaintiff in fornication and bastardy prosecutions.</p> <p>Section 4 of the act of June 16, 1836, provides that the bond to take the benefit of the insolvent laws shall be given to the plaintiff in the suit or proceeding by virtue of which the applicant is in prison. In a prosecution for fornication and bastardy the commonwealth is the plaintiff in the criminal proceeding, and therefore the arresting creditor, and the bond is properly given to the commonwealth.</p>