Commonwealth v. Clipsham

Citations

• 16 Pa. Super. 50
• 1901 Pa. Super. LEXIS 13

Syllabus

<p>Bonds — Statutory bonds — Where bond exceeds statutory requirements.</p> <p>Where a statutory bond has been voluntarily given for a lawful purpose it may be enforced according to its terms, even though it in form exceeds the requirements of the statute.</p> <p>Constables — Bonds—Statute of limitations — Acts of March 20, 1810, 5 Sm. L. 175; March 29, 1824, P. L. 171; April 15,1834, P. L. 537, sec. 112; —March 18, 1864, P. L. 60, February 14,1889, P. L. 6, and June 10,1897, P. L. 139.</p> <p>The 4th section of the act of March 29, 1824, requiring' that suits on constable’s bonds must be instituted within three years after the date of the bond, does not apply to a bond of a constable of Philadelphia, dated March 13,1895, where the cause of action arose on September 25, 1899, suit was begun on December 11, 1899, and the sureties in the bond voluntarily obligated themselves to be liable for the constable’s default in not paying or causing “ to be paid to the several suitors and parties interested, their lawful attorneys, factors, agents and assigns, all and every such sum or sums of money, to them respectively belonging, which shall come to his hands, and shall from time to time, and at all times during his continuance in office of constable justly and faithfully execute the said office, and perform everything the duty and trust in him reposed.” As the act of March 18,1864, fixed the term of constable in Philadelphia at five years, suit may be begun at any time within the term of five years.</p> <p>Constables — Term of office — Act of February 14, 1889, P. L. 6.</p> <p>The act of February 14, 1889, fixing the office of constables at three years, in every borough and township, and when a borough is divided into wards “ of every ward,” does not apply to the office of constable in the city of Philadelphia, as cities are omitted from the act.</p>