Sidor som bilder

P. L. 618.

filed against the same, and fully to satisfy and pay all such of them as shall be 18 June 1886 § 11. proved and recovered, such ship or vessel shall be forthwith discharged from the attachment, as aforesaid, and be permitted to proceed on her voyage.(ss)

IV. Proceedings after return of writ.

15. Upon the return of any such writ, such further proceedings may be had for 18 June 1836 § 12. P. L. 719. the recovery of the debts aforesaid, as are usually had in courts of admiralty, and for the recovering of mariners' wages, and other debts actually contracted upon carried on as in the Proceedings to be the high seas. admiralty.

16. All questions of fact which shall arise under this act, shall be tried by a Ibid. § 13. jury of the county, forthwith, upon the joining of an issue therein by the parties, (t) Facts to be tried unless they shall agree, by writing filed, to refer the same to arbitrators, by rule of by a jury. court.(u)

Ibid. § 14.

17. The said court shall have power to pronounce the same interlocutory and final sentence or decree upon such libel, and upon the petition of any other person Decree and execuconcerned, and enforce the same by the like writ, or other compulsory process, as a tion. court of admiralty might in like cases.(v)

Ibid. § 15.

18. At any time after three months elapsed from the first publication of the notice of the attachment as aforesaid, the court may proceed to make an order and When sale may be decree for the sale of such ship or vessel, or of the tackle, apparel and furniture decreed. thereof, if the amount necessary to be raised can be satisfied by the sale of the same, without selling the vessel, and thereupon the court shall award, upon motion,

a writ of sale to be made, according to the following form, to wit:


[L. S.] County, ss. The Commonwealth of Pennsylvania: To the sheriff of said Form of writ of county, greeting: Whereas, lately, by our writ of attachment, we commanded you, &c. [reciting the writ and return]; and afterwards such proceedings were had in our said court, that the said A. B. [C. D., &c.] obtained the judgment and decree of the said court to recover the sums respectively due to them, to be levied by the sale of the said vessel, amounting in the whole to the sum of we, therefore, command you that you expose the said schooner · her tackle, apparel and furniture [if the order be to sell the tackle, &c., without the vessel, say "her tackle, apparel and furniture,"] to sale by public vendue or outcry, and the money arising from the sale of the said vessel [or as the case may be, tackle, apparel and furniture,] you have before our said judges, at


day of

next; Witness, &c.

Ibid. § 16.

19. If the proceeds of any ship or vessel sold as aforesaid, shall not be sufficient to satisfy all the liens against such vessel, as aforesaid, the same shall be distrib- Proceeds to be disuted, pro rata, among all the creditors aforesaid, whose claims shall have been filed tributed pro rata in the office of the prothonotary of the court, previously to the decree of sale as among the aforesaid.

V. Special provisions.


20. All ships, steamboats or vessels navigating the rivers Allegheny, Monon- 20 April 1858 § 1. gahela or Ohio, in this state, shall be liable and subject to a lien in the following


P. L. 363. Liens against ves


I. For all the wages due to hands or persons employed, whether as master, For wages and serclerk or otherwise, on board such ships, steam or other boats or vessels, for work vices. and labor done, or for services rendered on board or for the same.


II. For all debts contracted by the owner or owners, agent, consignee, master, For materials and clerk or clerks of such ships, steam or other boats, or vessels of whatever kind, character or description, for and on account of work and labor done, or materials furnished, by boat-builders, engine-builders, boilermakers, lumbermen, boat, store and provision furnishers, carpenters, blacksmiths, mastmakers, blockmakers, ropemakers, sailmakers, chairmakers, furniture-makers and venders, riggers, joiners, carvers, plumbers, painters, upholsterers, ship-chandlers, coppersmiths, brassfounders, coopers and venders of sail-cloth and canvas, in the building, repairing, fitting, furnishing or equipping such ships, steam or other boats or vessels of whatsoever kind, character or description, as hereinbefore specified and enumerated.

wages, materials

III. For all bills, bonds, notes, bills of exchange, or all or any other acknowl- For bills, notes, edgment or obligation of indebtedness for and on account of such ships, steam or &c., given for other boats or vessels as hereinbefore specified and enumerated, signed and given, or labor. or purporting to be signed and given, in the name or for or on account of such ships, steam or other boats or vessels, and owned by any owner or owners, agent, consignee, master, clerk or clerks of the same, to any of the classes above enumerated, whether the same be signed and given on account of work or labor done, or materials furnished, in the building, repairing, fitting, furnishing, equipping or insuring such ships, steam or other boats or vessels as herein before specified or

(88) See Rhinedoller v. Deklyne, 2 T. & H. Pr. § 2125. Cain v. Shakespeare, 3 W. N. C. 514; s. c. 5 Ibid. 392. (t) See The Maggie Cain, 4 Leg. Gaz. 84. (u) Shakespeare v. Fisher, 3 W. N. C. 167.

land, 2 S. & R. 197. Giving bail in error does not release the sureties in the bond for the discharge of the attachment; nor are they released by a subsequent seizure of the vessel in execution, which is set aside

(r) A writ of error lies to the decree. The Port- by the court. Selser v. Dialogue, 4 W. N. C. 10, 12.

P. L. 363.

20 April 1858 § 1. enumerated: Provided, That the lien of the same shall continue in favor and to the benefit of all and every party or parties whomsoever, into whose hands the same may have passed by transfer, assignment or otherwise.(w)

For wharfage or anchorage.

For damages in certain cases.

Ibid. § 2.

Priority of claims.

Ibid. § 3.

Lien for wages limited to three months.

Limitation of suits for wages.

Ibid. § 4. Limitation in other cases.

Ibid. § 5.

Lien not to be inceipt of note, &c.

validated by re

Ibid. § 6. Remedies.

IV. For all sums due for wharfage or anchorage of any such ships, steam or other boats or vessels of whatsoever kind, character or description, as herein before specified and enumerated. (x)

V. For all demands or damages accruing from the non-performance or malperformance of any contract of affreightment, or of any other contract entered into by the owner or owners, agent, consignee, clerk or clerks of any such ships, steam or other boats or vessels, as hereinbefore specified and enumerated, touching the transportation of person or property, or for all damages or for injuries done to the same, in any way or manner, by such ships, steam or other boats or vessels as hereinbefore specified and enumerated.

21. These classes of claims shall have priority according to the order in which they are above specified and enumerated, and the liens under this act shall have precedence of all other liens and claims against any such ships, steam or other boats or vessels, as hereinbefore specified and enumerated, and owing by the owner or owners thereof, in relation thereto or on account of the same :(y) Provided, No precedence or priority of claim or lien shall exist or obtain, between any of the parties enumerated and specified in the second class, other than as the same shall exist and obtain by operation of law.

22. No more than three months' wages shall be recovered in any suit upon a lien in the first class above specified and enumerated; and every person claiming a lien in that class shall commence his suit within sixty days after three months' wages shall have become due and owing as aforesaid; and in case there shall not be three months' wages due and owing, or if the contract for service shall have terminated in a shorter time than three months as aforesaid, then the same shall be commenced within sixty days after the same is due and owing, and within sixty days after the conclusion and termination of such contract.

23. All suits upon liens in any other than the first class above enumerated, shall be commenced within two years after said materials are furnished, or work and labor done, or within two years after the date of the last item in the account upon which the action is founded; and any neglect or failure to commence suit, by virtue of this or the last preceding section, shall discharge such ships, steam or other boats or vessels as hereinbefore specified and enumerated, from the lien of the demands so claimed as aforesaid.

24. The taking or receiving of any note, bill of exchange or other writing, in settlement of a debt comprehended in any of the above-enumerated classes, shall in nowise invalidate the lien given by this act, but the same shall exist in full force and effect, as if no such note, bill of exchange or other writing had been given: Provided, That the time for which the same be given be within the time of the lien as allowed and fixed by this act.

25. All the remedies under this act shall be the same in manner and form of application and execution, as such remedies are carried out and obtained in the law to which this is a supplement.



1. Appointment of attorney-general. His duties. 2. Debts due the state, to be placed in his hands for collection.

3. Proceedings against defaulting officers and their sureties.

21 April 1857 § 1. P. L. 266.

Appointment of attorney-general. His duties.

4. Oath of office. Bond. Copies to be evidence.
5. To have access to the public records.
6. Salary. Clerk-hire.

7. To make out quarterly statements. Annual settlement of his accounts. In default, to be removed.

1. The attorney-general shall be appointed by and hold his office during the pleasure of the governor, and shall have his office at Harrisburg, and shall keep a proper docket or dockets duly indexed, in which he shall make and preserve a memoranda of all claims in his hands, whether sued on or not, showing the nature and condition of said claims respectively, and shall annually, on or before the second Tuesday of January, make report to both branches of the legislature, giving a summary statement of all the official business transacted by him during the preceding year, and when he goes out of office shall deliver to his successor said dockets and all the books and papers pertaining to his office.

(w) See The Collier, 9 Pitts. L. J. 73, 193. The Dictator, 56 P. S. 290.

(x) Claims for wharfage are cognizable in the admiralty. Ex parte Easton, 95 U. S. 68.

(y) This lien has priority over a mortgage for purchase money. The Venture, 33 Pitts. L. J. 187.

hands for collec


2. All debts which the auditor-general and state treasurer know to be due the 21 April 1857 § 2. commonwealth from all sources whatsoever, and which shall have been due and P. L. 206. unpaid for ten days after the time fixed by law for appeals shall have expired, Debts due the state shall be handed over by said auditor-general and state treasurer respectively to the to be placed in his attorney-general for collection; whereupon he shall proceed without delay to collect the same by suit or otherwise, as he may deem most conducive to the interests of the commonwealth, and he shall pay over to the state treasurer all moneys received by him within ten days from the receipt of the same: Provided, That nothing in this act shall prevent the state treasurer or auditor-general from placing claims in the hands of the attorney-general for collection at any time before the expiration of said ten days.

Ibid. § 3.


3. The several provisions of the 12th section of the act of 16th of April 1845, entitled "An act to increase the revenues and diminish the legislative expenses of Proceedings the commonwealth,"(z) and of the 4th section of the act of the 21st April 1846, against defaulting entitled "A supplement to the law relating to defaulting public officers," (a) are officers and their hereby extended to all suits against defaulting public officers, or their sureties, within this commonwealth: [Provided, That the provisions of this section shall not apply to any person or persons who has or have become sureties previous to the passage of this act.] (b)

Ibid. § 4.

Oath of office.

4. The attorney-general before entering upon the discharge of the duties of his office shall take an oath or affirmation to support the constitution of the United States and of the commonwealth of Pennsylvania, and to perform his official duties with fidelity, and shall give bond to the commonwealth in the sum of thirty thou- Bond. sand dollars, with at least two sufficient sureties, conditioned for the faithful performance of his official duties, and the payment to the state treasurer, according to law, of all moneys of the commonwealth which may be collected or received by him, which bond shall be approved by the governor and recorded in the office of the secretary of the commonwealth; and copies of said bond, duly certified under Copies to be evithe seal of said office, shall be admitted as legal evidence in any court within this dence. commonwealth.

Ibid. § 5.

5. The attorney-general shall have the right of access at all times to the books and papers of the auditor-general's office, and state treasurer's office and the office To have access to of the canal commissioners, and it shall be his duty to cause to be settled, in the the public records. manner now provided by law, and collected, as required by this act, any and all moneys appearing by said books or papers to be due the commonwealth, whenever in his opinion the public interests would be thereby subserved.

Ibid. § 6.

Ibid. § 7.

6. The salary of the attorney-general shall be three thousand dollars per annum, payable quarterly, which salary shall be in full for services in all cases in the Salary. supreme court wherein the commonwealth is a party, for all legal opinions on questions of law submitted to him by the governor, by the auditor-general, state treasurer, surveyor-general or canal commissioners, and in full for all fees and professional services whatsoever, to be paid by the commonwealth: Provided, That Clerk-hire. the attorney-general shall be allowed five hundred dollars annually for clerk-hire. 7. The attorney-general shall, on the first Monday of July next, and quarterly thereafter, make out and transmit to the state treasurer a detailed statement, To make out quarshowing the amount of money received and paid over by him during the quarter terly statements. immediately preceding, and shall at the same time pay to said treasurer whatever balance may be in his hands, if any, and shall annually, on the first Monday in Annual settlement October, settle his accounts with the auditor-general in the manner provided by of his account. law; and if the returns and payments herein required be not promptly made by In default to be the attorney-general, it shall be the duty of the governor to remove him from office removed. and appoint a successor.

(z) See tit. "Defaulting Public Officers." (a) See tit. "Defaulting Public Officers."


(b) Proviso repealed by act 19 April 1858, § 2, P. L.



1. Parties may be heard by themselves or counsel. 2. Admission of attorneys.

3. Oath of attorneys.

4. Judges not to practise as attorneys. Nor justices of the peace in certain cases. Nor prothonotaries or clerks in their own courts. Nor the register of wills in the orphans' court.

II. THEIR POWERS AND DUTIES. 5. Powers of attorneys.

21 March 1806 § 9. 4 Sm. 330.

14 April 1884 § 68. P. L. 354.

Admissions of attorneys.

Ibid. § 69.

Oath of attorneys.

Ibid. § 75.

Judges not to prac

tise as attorneys. Nor justices in certain cases.

Prothonotaries or clerks.

Nor register in orphans' court.

14 April 1834 § 70. P. L. 354.

Powers of attorneys.

Ibid. § 71.

6. To file their warrants.

7. Penalty for neglecting to do so.

III. PENALTIES FOR OFFICIAL MISCONDUCT. 8. Penalties for misconduct.

9. To be stricken from the roll for retaining their clients' money.

10. May be attached, in certain cases.

11. Attorneys entitled to writ of error. Review. 12. Payment of costs.

I. Admission of attorneys.

1. In all civil suits or proceedings in any court within this commonwealth, every suitor and party concerned, shall have a right to be heard by himself and counsel, or either of them. (c)

2. The judges of the several courts of record of this commonwealth shall respectively have power to admit a competent number of persons of an honest disposition, and learned in the law, to practice as attorneys in their respective courts. (d)

3. Before any attorney, admitted as aforesaid, shall make any plea at the bar, except in his own case, he shall take an oath or affirmation, as follows, viz.:

You do swear (or affirm) that you will support the constitution of the United States and the constitution of this commonwealth, and that you will behave yourself in the office of attorney within this court, according to the best of your learning and ability, and with all good fidelity, as well to the court as to the client; (e) that you will use no falsehood, nor delay any person's cause for lucre or malice.

4. No judge of any court of this commonwealth shall practise as attorney or counsellor in any court of justice in this commonwealth or elsewhere, nor shall he hold or exercise the office of alderman or notary public.

Nor shall any alderman or justice of the peace practise as aforesaid in any case which has been or may be removed from before him by appeal or by a writ of certiorari, or act as agent in any such case.

Nor shall any prothonotary or clerk of any court practise as aforesaid, in the court of which he shall be prothonotary or clerk.

Nor shall the register of wills of any county practise as aforesaid, in the orphans' court of the same county.

II. Their powers and duties.

5. Every such attorney shall have power to commence, prosecute and defend all actions and suits in which he may be retained or concerned, from time to time, in the manner and with the effect hitherto allowed and practised.(g)

6. The attorney for the plaintiff in every action, shall, if required, file his warrant of attorney in the office of the prothonotary or clerk of the court in which such

(c) The right of a party to be heard by himself or counsel, was originally conferred by the provincial act of 1700, which enacted "that in all courts, all persons, of all persuasions, may freely appear in their own way, and according to their own manner, and there personally plead their own cause themselves, or, if unable, by their friends." Franklin's Laws 34.

(d) The admission of an attorney is a judicial, and not a ministerial act, and is, therefore, not the subject of a writ of mandamus. Breckenridge's Case, 1 S. & R. 187. McLaughlin's Case, 5 W. & S. 272. If an attorney have been admitted under a misapprehension of facts, the court will rectify the error, by striking his name from the roll. Brown's Case, 8 Pitts. L. J. 1. Ex parte O'Grady, 4 W. N. C. 199. An admission in the supreme court does not necessarily entitle the party to admission in the common pleas. Ex parte Deringer, 4 W. N. C. 200. See Ex parte Lewis, 8 Leg. Gaz. 76. A certificate of the recent admission in the supreme court of the United States, of an attorney from another state, will not supply the want of satisfactory evidence of present good standing in the courts of his domicil. Anon., 14 W. N. C. 88. A female will be admitted as an attorney. Kilgore's Application, 17 W. N. C. 475. See Ibid. 30, 255, 563. 14 Ibid. 466. The act 19 May 1887 P. L. 131,

was declared unconstitutional in Splane's Petition, 123 P. S. 527.

(e) An attorney is expressly bound by his official oath to behave himself in his office of attorney with all due fidelity to the court as well as the client; and he violates it when he consciously presses for an unjust judgment; much more so, when he presses for the conviction of an innocent man. Rush v. Cavenaugh, 2 P. S. 189.


(g) An attorney in Pennsylvania has very extensive power in relation to conducting a suit; but after judgment, this plenary power in a great measure ceases, except as to his power in receiving the amount of the judgment, and giving a receipt for it. Stackhouse v. O'Hara's Executors, 14 P. S. 89. Babb v. Stromberg, Ibid. 397. Somers v. Balabrega, 1 Dall. 164. holdt v. Alberti, 1 Binn. 469. Bracken v. Pittsburgh, 27 Pitts. L. J. 202. He may discharge a defendant from arrest on a ca. sa. Scott v. Seiler, 5 W. 235. Or direct the sheriff as to the time and mode of sale on an execution. Lynch v. Commonwealth, 16 S. & R. 368. But he cannot take land for the debt of his client. Huston v. Mitchell, 14 S. & R. 307. Stackhouse v. O'Hara's Executors, 14 P. S. 88. And see Willis v. Willis's Administrators, 12 Ibid. 159. Appeal, 87 Ibid. 243.


action shall be depending, at the term of the court in which he declares; and the 14 April 1834 $ attorney for the defendant shall, if required, file in like manner his warrant of attorney, at the term of the court in which he appears.(h)

7. If any attorney shall neglect or refuse to file his warrant of attorney in the manner required by law, he shall not be allowed a fee in the bill of costs, nor be suffered to speak in the cause, until he shall have filed his warrant.

III. Penalties for official misconduct.

To file their warrants.

Ibid. § 72.

Penalty for neglecting to do so.


P. L. 354. Penalties for misconduct.

8. If any attorney at law shall misbehave himself in his office of attorney, (i) he 14 April 1884 § 78. shall be liable to suspension, removal from office, or to such other penalties as have hitherto been allowed in such cases by the laws of this commonwealth.(k) 9. If any such attorney shall retain money belonging to his client, after demand Ibid. § 74. made by the client for payment thereof, it shall be the duty of the court to cause the name of such attorney to be stricken from the record of the attorneys, and to prevent him from prosecuting longer in the said court.


from the roll for

To be stricken

retaining money.

P. L. 793.

10. The several courts aforesaid shall have power * * to make rules upon 16 June 1836 § 28. attorneys for the payment of money,() and the delivery of deeds, and other papers in their hands, belonging to their clients, and in every such case to enforce obe- May be attached in dience to such rules by attachment.

certain cases.

19 May 1879 § 1.

P. L. 66.

11. In all cases of any proceedings in any court of this commonwealth against any attorney of said court for unprofessional conduct as an officer of such court, said attorney shall be entitled to a writ of error from the supreme court of this Attorneys entitled commonwealth, as in civil cases, to said court, from any judgment, order or decree to writ of error. of said court, against him as such officer, which writ of error shall remove the record and all the proceedings therein to the supreme court of this commonwealth; and it shall be the duty of said supreme court to review the same de novo; and the com- Review. plainant shall have the right to offer new testimony by deposition or otherwise as said supreme court may direct, and upon hearing said court may modify, reverse or affirm said judgment, order or decree of the court below, as the justice and equity of the case shall require, and such cases shall be placed if desired at the head of the list of the next sessions of said court in any district where it may sit, to be determined after all homicide cases have been disposed of; said writ of error shall be issued as of course within two years from the judgment, order or decree as aforesaid.(m)

Ibid. § 2.

12. And in case said judgment, order or decree shall be modified or reversed, all costs, charges and expenses shall be paid by the proper county in which said pro- Payment of costs. ceedings arose, and in case the same shall be affirmed the same shall be paid by such complainant.

(h) A rule to file a warrant of attorney must be moved for, before plea pleaded. Mercier v. Mercier, 2 Dall. 142. Sheetz v. Whitaker, 7 W. N. C. 570. Putting in a plea will be considered as a waiver. Campbell v. Galbreath, 5 W. 427. The proper course, on failure to file a warrant of attorney, is to stay proceedings. King of Spain v. Oliver, 2 W. C. C. 429. And not to quash the writ, even in replevin. Meyer v. Littell, 2 P. S. 181. The warrant of attorney must be executed in accordance with the lex fori. Commonwealth v. Peterson, 1 Clark 482. A rule on the plaintiff's attorney to file his warrant, is an office rule, and stays proceedings, until filed. Dunn v. Stone, 11

W. N. C. 95.

(8) An attorney cannot be punished by suspension from his professional functions, for his contempt of process of the law, in neglecting to obey a subpoena. Commonwealth v. Newton, 1 Gr. 453. Ex parte Deringer, 4 W. N. C. 200. An act, though highly discreditable, if not infamous, and unconnected with an attorney's duties, will not give the court jurisdiction to strike him from the roll; but an attempt to make an opposing attorney drunk, so as to obtain an advantage of him in the trial of a cause, is good ground for so doing. Dickens's Case, 67 P. S. 169. And see Ex parte Trumbore, 39 Leg. Int. 356.

(k) They hold their offices during good behavior, and are not answerable for a scrutiny into the official conduct of the judges. Austin's Case, 5 R. 191. Ex parte Steinman, 95 P. S. 220.

(1) An attorney who has collected money for his client, has a right to deduct his fees from the amount in his hands. If a rule be taken on him to pay over the money, the court will compel immediate justice, or inflict summary punishment on the attorney, if the sum retained be such as to show a fraudulent intent; and in such case, he forfeits all claim to compensation. But if the answer to the rule satisfy the court, that it was held back in good faith, and believed by the attorney not to be more than an honest compensation, the rule will be discharged, and the client remitted to his action. Balsbaugh v. Frazer, 19 P. S. 99. He has no lien, however, upon a fund in court, even as against his client. Dubois's Appeal, 38 Ibid. 231. And see Simpson v. Pinkerton, 10 W. N. C. 423. Tugg v. Bowman, 11 Ibid. 227.

(m) An attorney is entitled to review in all cases. Upon a charge of a criminal offence, the court is bound to consider the accused innocent, after an acquittal. In re H-T-2 Penny. 99.

« FöregåendeFortsätt »