§ 7174 — Action against security

Pennsylvania § 7174

• Jurisdiction: Pennsylvania
• Title 44: LAW AND JUSTICE
• Part: PART IV
• Ch. 71: CONSTABLES
• Subch.: PENALTIES AND REMEDIES

Text

(a) Scope of section.--This section applies to a constable subject to all of the following:

(1) The constable has furnished security for the faithful performance of the duties of office.

(2) The constable fails to perform the duties of office.

(3) One of the following subparagraphs applies:

(i) The constable leaves the country before a judgment is entered on the failure under paragraph (2).

(ii) A judgment is entered against the constable for failure under paragraph (2), and the judgment cannot be paid.

(b) Procedure.--A court of competent jurisdiction may issue a writ of scire facias and proceed against the security.

(c) Appeal.--A surety and a constable may appeal from a judgment on a writ under subsection (b).