42. The first meeting of any such association may be called by a notice signed 18 May 1893 § 13. by any two of the associates who signed its articles of association, setting forth the P. L. 89. time and place and objects of such meetings, such notice to be mailed to the address First meeting. of each associate, at least four days clear prior to such meeting, and a majority of Majority may do such associates at such meeting shall be competent to make all such by-laws as they business. may deem necessary for the proper management of the association, so that any such by-laws are not repugnant to or inconsistent with the provisions of this act, or any law of the state or United States, and to elect such officers as are heretofore provided by this act, and such officers shall hold office until their successors shall have been elected and installed.

Ibid. § 14. Amendment of

43. Any association may alter or amend its articles of association and may alter or rescind any by-laws, or make any additional by-laws with the consent of the majority of its members present at a special meeting convened for such purpose, articles. but the notice calling such meeting shall set forth fully and clearly the proposed alterations, amendment, rescission or addition; and any alteration or amendment of the articles of association shall be approved, filed, recorded and certified in the same manner as the original articles of association. 44. This act shall take effect immediately.

Ibid.

Act to take effect.

P. L. 549.

1. The coroner of each county, before he shall be commissioned, or execute any 15 April 1834 § 66. of the duties of his office, shall enter into a recognizance(z) and become bound in a bond, with at least two sufficient sureties, in one-fourth of the sum which shall be by law required from the sheriff of the same county.

Coroners to give bond and recogni

zance.

Ibid. § 67.

2. The condition of the recognizance and bond to be given by the coroner, shall be, that such coroner will "well and truly perform all and singular the duties to the said office of coroner appertaining;" and such recognizance and bond shall be Condition thereof. a security to the commonwealth, and to all persons whomsoever, for the faithful discharge and due performance of all the duties required by law from such coroner.

(z) Unless a recognizance be given by a coroner, his commission and all acts under it, are void, and there can be no recovery on his official bond. Young v. Commonwealth, 6 Binn. 88.

15 April 1834 § 68. P. L. 549.

Recognizances to be recorded, &c

Ibid. § 69.

Approval of sureties.

Ibid. § 70.

3. Every such recognizance entered into by a sheriff and coroner, shall be taken by the recorder of deeds of the proper county, and recorded in his office ;(a) and when so recorded, shall be by him transmitted to the secretary of the commonwealth, with a certificate, indorsed by such recorder, of its having been duly recorded.

4. Before any such bond or recognizance shall be taken by the recorder of deeds, the sufficiency of the sureties therein named shall be submitted to and approved of by the judges of the court of common pleas of the proper county, or by any two of them, for that purpose convened, who shall certify their approbation of such sureties to the recorder; (b) and no commission shall afterwards be granted, until the governor shall have also approved of the sufficiency of such sureties.(c)

5. Provided, That no judge, clerk or prothonotary of any court, or attorney at law shall be permitted to become a surety in such bond or recognizance; and not to be accepted that no person shall be received as surety for a sheriff and for a coroner at the same time.

Certain persons

as sureties.

Ibid. § 71.

Certified copies to be evidence.

Ibid. § 74. Lien of recogni

zance.

28 March 1808 § 4. 4 Sm. 48.

lated.

6. Copies of the record of any such bond or a recognizance, acknowledged and recorded as aforesaid, and duly certified by the recorder of deeds for the time being, shall be good evidence, in any action brought against the obligors or cognizor, according to its form and effect, in the same manner as the original would be, if produced and offered in evidence.(d)

7. All the real estate, within the same county, of a sheriff and coroner, and their respective sureties, shall be bound by a recognizance, taken in manner aforesaid, as effectually as by a judgment to the same amount in any court of record of such county.(e) And it shall be the duty of every recorder of deeds, so soou as a sheriff or coroner shall be commissioned, to certify the recognizance taken by him, to the prothonotary of the court of common pleas of the same county, who shall enter the names of the parties thereto upon his docket, in like manner as judgments are by law directed to be entered.

8. Whenever(g) the commonwealth, or any individual or individuals, shall be aggrieved by the misconduct of any sheriff or coroner, it shall and may be lawful, as often as the case may require, to institute actions of debt or of scire facias Suits thereon regu- upon such recognizance, against such sheriff or coroner, and their sureties, their heirs, executors or administrators, [or actions of debt upon such obligations, against such sheriff or coroner,](h) and their sureties, their heirs, executors or administrators; and if, upon such suits, it shall be proved what damage(i) hath been sustained, and a verdict and judgment shall be thereupon given, execution shall issue for so much only as shall be found by the said verdict and judgment with costs; which suits may be instituted and the like proceedings be thereupon had, as often as damage shall be so as aforesaid sustained: Provided always, That such suit or suits against such sureties, their heirs, executors or administrators, shall not be sustained by any court of this commonwealth, unless the same shall be instituted within five years(k) after the date of such obligation or recognizance.(1)

Limitation.

8 June 1881 § 1. P. L. 81.

Lien may be discharged, after judicial sale.

9. If the surety for the sheriff or coroner of any county in this commonwealth shall make sale of any real estate, bound by the lien of any recognizance and bond, as surety for any sheriff or coroner, he may present a petition to the court of common pleas of the county in which said recognizance and bond was taken, accompanied by notice of such application to his co-sureties, setting forth the fact of such sale and praying for a release of lien of said recognizance and bond upon the

(a) See Brownfield v. Commonwealth, 13 S. & R. 265. (b) In an action on the bond, the execution of it, and acting in the office, are primâ facie evidence that the sureties have been approved. Young v. Commonwealth, 6 Binn. 88.

(e) By act 10 May 1861, the principal deputy of the sheriff of Washington county is authorized to exercise all the powers pertaining to the office of sheriff. P. L. 743. And this is extended to. Erie county, by act 18 March 1864. P. L. 57.

(d) See Young v. Commonwealth, 4 Binn. 113; s. c. 6 Ibid. 88. Dunn v. Commonwealth, 14 S. & R.

431.

(e) Such lien is discharged by a judicial sale under a precedent mortgage. Spang v. Commonwealth, 12 P. S. 358. But not by a sale under a subsequent incumbrance. McKenzey's Appropriation, 3 P. S. 156. See Morris's Estate, 4 Ibid. 162. It does not bind after-purchased lands. Fricker's Appeal, 1 W. 393.

(g) This section is still in force. Commonwealth v. Rainey, 4 W. & S. 186.

(h) See tit. "Bonds," IV. The sureties may be sued, without first fixing the liability of the principal. Smith v. Commonwealth, 59 P. S. 326.

(i) The plaintiff must show some actual loss or

damage; mere misconduct in the sheriff is not sufficient. Commonwealth v. McCoy, 8 W. 154. Commonwealth v. Contner, 21 P. S. 266. Commonwealth v. Allen, 30 Ibid. 49. Commonwealth v. Lelar, 5 Clark 167. In an action on the recognizance, the judgment is not for the penalty, but for the damage sustained by the party suing. Wolverton v. Commonwealth, 7 S. & R. 273. Campbell v. Commonwealth, 8 Ibid. 417. McMicken v. Commonwealth, 58 P. S. 213.

(k) The time is to be computed from the date of its execution, and not from the time of its approval. Wilson v. Commonwealth, 7 W. & S. 181. The introduction of a new party, by suggestion, after the expiration of the statutory period, is not the commencement of a new suit. Commonwealth v. Springer, 13 W. N. C. 305.

(1) See Carmack v. Commonwealth, 5 Binn. 188. Wolverton v. Commonwealth, 7 S. & R. 273. Campbell v. Commonwealth, 8 Ibid. 417. Shannon v. Commonwealth, Ibid. 444. Smith v. Miller, 13 Ibid. 339. Shaeffer v. Jack, 14 Ibid. 426-8. Lynch v. Commonwealth, 16 Ibid. 368. Christman v. Commonwealth, 17 Ibid. 381. Snyder v. Commonwealth, 3 P. & W. 286. Beale v. Commonwealth, 7 W. 183. Commonwealth v. McCoy, 8 Ibid. 153.

P. L. 81.

land described in the petition; and the said court shall have power to release said 8 June 1881 § 1. lien upon said land, the court being satisfied of the sufficiency of the sureties, after lien shall have been released.

P. L. 487.

marked satisfied,

10. Whenever it shall be made to appear to any court in which suit has been 11 April 1862 § 1. or shall be brought, and judgment entered thereon, upon the official bond of a sheriff or coroner, against such officer and his sureties, in the city and county of When judgments Philadelphia, that more than five years have elapsed since the execution of such on bonds to be official bond, and that the claim of all parties, claimants in such suit, who have as to the sureties, become such, within five years from the execution of such official bond, have been in Philadelphia. satisfied or otherwise finally disposed of, it shall be the duty of the said court, on the application of the said sureties, or either of them, to order the judgment entered against such sureties, in such suit, upon such official bond, for the penalty thereof, to be marked satisfied of record; and the prothonotary of such court shall thereupon make such entry on the judgment-index.

P. L. 551.

11. Whenever a vacancy shall happen in the office of sheriff or coroner, which is 15 April 1884 § 76. to be filled by a new appointment, in the manner prescribed by the constitution of this commonwealth, the person so to be appointed shall enter into recognizance, and Judges to fix give bond with sureties, to be approved in manner aforesaid, in such sum as shall amount of security to be given by one be determined on by the judges of the court of common pleas of the same county, appointed to fill a or by any two of them for that purpose convened.

II. Commission.

vacancy.

P. L. 549.

12. It shall be the duty of every sheriff and of every coroner, immediately after 15 April 1884 § 72. receiving his commission from the governor, to deliver the same to the recorder of deeds of the county, by whom the same shall be recorded, at the expense of such Commissions to be sheriff or coroner.

recorded.

Ibid. § 78.

before commission

13. No person elected or appointed to the office of sheriff or coroner, shall presume to execute any of the duties of such office, before a commission shall have been duly granted to him, and left for record as herein before provided, under a Penalty for acting penalty of imprisonment for a term not exceeding six months, at the discretion of is left for record. the court of quarter sessions of the county: Provided, That such person shall nevertheless be liable to any person injured by any acts done by him under color

of such office.

III. Deputies.

14. The coroner of the county of Lancaster(m) is hereby fully authorized and empowered to appoint any number of deputies he may deem proper, to act for him within said county.

8 April 1852 § 20.

P. L. 246. Appointment of deputies.

P. L. 330. Coroner may ap

15. From and after the passage of this act, the regularly elected and duly quali- 6 June 1893 § 1. fied coroner in counties of this commonwealth may appoint one or more deputies to act in his place and stead as he may deem proper and necessary. 16. Such deputy or deputies so appointed shall have like power to hold inquests, point deputies. to select, summon and compel the attendance of jurors and witnesses and to administer oaths.

17. Such person so deputized by him as aforesaid shall receive, for such services as they may perform by virtue of such appointment, the same fees(n) as are now provided by law for similar services rendered by such coroner, and the same shall be paid for such funds and at such places as the said fees of the said coroner are now by law payable.

Ibid. § 2. Powers of deputies.

9 May 1889 § 2. P. L. 162.

Compensation.

Ibid. § 3.

18. All acts or parts of acts inconsistent with this act be and the same are hereby repealed: Provided, That this act shall not apply to those counties in this Repealing clause. commonwealth acting under special laws.

IV. Vacancy in office.

Exception.

P. L. 235.

duties of his office,

19. If any person who has or shall be elected to the office of coroner shall neglect 5 April 1842 § 11. or refuse, for the space of three months next after such election, to assume the duties of said office, and to comply with the requisitions of the acts of assembly on neglect of coroin such cases provided, the said office shall be treated as vacant; and it shall be ner to assume the the duty of the governor to appoint and commission some suitable person to fill the governor to such vacancy, who shall hold and enjoy said office, and all the emoluments appur- appoint. tenant thereto, until the next general election thereafter. And no fees shall hereafter be charged on commissions issued to the coroners of the several counties of this commonwealth.

(m) And the coroner of Northampton, by act 1 May 1861, P. L. 560; the coroner of Schuylkill, by act 14 February 1863, P. L. 29; the coroner of Chester, by act 17 March 1864, P. L. 21; the coroner of Philadelphia, by act 22 March 1867, P. L. 532; and the coroner of Bucks county, by act 21 March 1873, P. L. 348. And see acts 30 January 1866, P. L. 6, and 28 June 1871, P. L. 1380, as to Schuylkill and Mercer counties.

(n) A deputy coroner, under this act, is not entitled

to be paid in fees in counties containing over one hundred and fifty thousand inhabitants. This act is unconstitutional as to such counties. This act applies only to counties already having deputy coroners. Commonwealth v. Grier, 9 C. C. 444.

The provision for the payment to the deputy coroner of fees is unconstitutional; he must be compensated in counties having a population of over one hundred and fifty thousand, by a fixed and specific salary. Fogerty v. Schuylkill County, 13 C. C. 454.

24 March 1846 § 1. P. L. 165.

When sheriff or

20. Whenever any sheriff or coroner of any of the counties of this commonwealth shall notoriously abscond from the county, or the city and county, for which he was elected sheriff or coroner, and thereby fail to perform the duties enjoined upon coroner absconds, him by law, the office of such sheriff or coroner so notoriously absconding, shall be deemed and held vacant, to all intents and purposes.

office to be deemed vacant.

22 April 1850 § 19. P. L. 553.

21. In all suits which may hereafter be instituted in any court of this commonwealth, in which the sheriff of any county may be a party, when there is no How process to be Coroner in commission to serve process, it shall be lawful for any constable in the served where there county where the process has been issued, to serve the same, and perform the duties in relation thereto, which coroners are authorized to do under the laws of this commonwealth.

is no coroner in commission, &c.

15 A

April

1834 § 75. P. L. 551.

When coroner to act as sheriff.

2 July 1839 § 96. P. L. 541.

Coroner to perform duties of sheriff in

certain cases.

1 April 1834 § 131. P. L. 369.

When coroner to

of sheriff.

V. When to act as sheriff.

22. If any sheriff shall be legally removed from his office, or shall die before the expiration of the term for which he shall have been commissioned, the coroner of the same county shall execute the office of sheriff, and perform all things thereunto appertaining, until another sheriff shall be duly commissioned, and notice thereof given to such coroner.

23. In all cases where a sheriff is directed to perform any duty by the provisions of this act (0) and said sheriff is absent from the district, or there is any vacancy in said office, the duty directed to be performed by the sheriff shall be done and performed by the coroner of the proper county, who shall be entitled to the same fees and subject to like penalties.

24. The several duties hereby enjoined upon the sheriffs of the several counties, relative to the selecting, summoning and returning of jurors as aforesaid, shall, in case of the death, resignation, removal from office, inability or incompetency of any perform the duties sheriff to act, be performed by the coroner of the respective county, and the coroner performing such duties shall be subject to all and singular the provisions herein enacted in relation to the sheriffs; and in case of death, resignation, removal from office, inability or incompetency of the sheriff and coroner to act, by a disinterested person to be appointed for that purpose by the court, or by two of the judges of the court of common pleas of the respective county.

In case of death,

&c., of sheriff and

coroner, court to appoint a person.

Ibid. § 132. Coroner to act where sheriff is incompetent.

16 June 1836 § 35. P. L. 724.

25. Whenever the sheriff of any county shall be incompetent to perform, in any case which may be depending and for trial by jury, as aforesaid, the duties hereby enjoined, the coroner of such county, being otherwise competent, shall have power, concurrently with the commissioners thereof, to execute the writ of venire for the grand jury in manner aforesaid.

VI. When as prothonotary.

26. In all suits or actions in which the prothonotary of the court shall be a party, or in which he may be interested, the duties hereinbefore required to be performed Proceedings where by him(p) shall be performed by the recorder of deeds, the clerk of the orphans' prothonotary is court, the sheriff, coroner or treasurer of the same county.

interested.

15 April 1834 § 78. P. L. 551.

Sheriffs and coro

VII. Duties of coroners.

27. It shall be the duty of every sheriff, and of every coroner acting as sheriff, to provide and keep in his office a proper book or books, in which he shall enter all writs that may come to his hands and the proceedings thereon; and at the ners to keep dock- expiration of his term of office, such books shall be deposited in the office of the prothonotary of the court of common pleas in the same county, for the inspection with prothonotary. of all persons interested therein.

.ets.

To be deposited

22 Jan. 1847 § 1. P. L. 52.

28. The former, present and future sheriffs and coroners of the county of Philadelphia, shall be and hereby are exempted from the operation of so much of the Except in Philadel- 78th section of the act of 15th of April 1834, as directs the deposit of their books or dockets in the office of the prothonotary of the courts of common pleas of the county.

29. All patents granted by the commonwealth, and all deeds of sheriffs, coroners, marshals and treasurers, and all deeds made in pursuance of a decree of any court, Patents, deeds of being duly acknowledged, may be recorded in the office for recording deeds in the sheriffs, coroners, county where the lands lie, and the records thereof, or duly certified copies thereof, marshals and treas- shall be evidence in all cases where the original deeds or patents would be evidence. And where any of the deeds aforesaid have heretofore been recorded in of a decree of any the office for recording deeds in the county where the lands lie, or in the office of the prothonotaries of the several courts of the city and county of Philadelphia, the records thereof, or duly certified copies thereof, shall be as good evidence as if the same had been recorded under the provisions of this act.

made in pursuance

.court.

(0) In election matters.

(p) In arbitrations.

IX. Accounts.

30. The auditors of each county, any two of whom, when duly convened, shall be 15 April 1834 § 48. a quorum, shall audit, settle and adjust the accounts of the commissioners, treas- P. L. 545. urer, and sheriff and coroner of the county, and make report thereof to the court To be audited by of common pleas of such county, together with a statement of the balance due from the county audior to such commissioners, treasurer, sheriff or coroner.

X. Inquests.

tors.

P. L. 589.

31. It shall not be the duty of any coroner of the county of Philadelphia(q) to 16 April 1845 § 9. hold an inquest on the body of any deceased person, unless the said deceased person shall have died of violent death; and if the said coroner shall hold an inquest When coroner to in any other case, he shall not be entitled to compensation therefor.(r) Instead hold inquests in Philadelphia of the fees now allowed him by law, the said coroner shall receive, for each inquest county. held by him, the sum of four dollars; and when he shall make any payments for Fees. jury fees, witnesses or burials, he shall take receipts for all sums so paid; and upon presentation of an account of such payments, certified to be correct and true, by the oath or affirmation of the said coroner, before a proper officer, accompanied by said receipts, he shall be entitled to a reimbursement of said sums from the county treasury: Provided, That the fees to be received by the coroner, for his own ser- Limitation. vices, shall not exceed the sum of fifteen hundred dollars per annum. (s) It shall not be lawful for the said coroner to summon more than six jurors on any one Number of jurors. inquest.(t)

8 Feb. 1848 § 1. P. L. 29.

32. In all cases hereafter of violent deaths in Berks and Lancaster counties when an inquest shall be held on the body of the deceased, and it shall be deemed necessary, by a coroner or justice of the peace holding the inquest, to call upon a Compensation for surgeon or physician to make a post-mortem examination, the fee to be received making post-morof the county by such surgeon or physician shall be ten dollars, unless the com- by order of coromissioners of the county shall be of opinion that his services deserve more, when ner, in certain it may be increased by them to such an amount as they may think just.(u)

tem examinations

counties.

33. It shall not be the duty of the coroner of the county of Philadelphia to hold 29 March 1819 § 1. an inquest on the body of any convict or untried prisoner, who may die during his 7 Sm. 219. or her confinement in the prison or common jail of said county, unless required by Inquest not to be the inspectors thereof, except in cases of murder, suicide, manslaughter or death held except in cercaused by casualties; and no inquest shall be held by the coroner of said county on the body of any convict or untried prisoner who may die in the jail of said county, except as is hereinbefore provided.

tain cases.

P. L. 404.

34. In all cases where, by law, the coroner of any county is required to hold an 27 May 1841 § 15. inquest over a dead body, it shall be lawful for a justice of the peace of the proper county to hold the same, where there is no lawfully appointed coroner, or he is When justice may absent from the county, unable to attend, or his office is held more than ten miles hold inquest. distant from the place where the death occurred, or the body found, and said justice shall have like power to select, summon and compel the attendance of jurors and witnesses, and shall receive like fees, and tax like costs, and the inquest shall

the court.

have like force and effect in law: Provided, That no fees of costs shall be allowed No fees to be paid or paid said justice or inquest, until the proceedings are submitted to the court of until approved by quarter sessions of the proper county, and said court shall adjudge that there was reasonable cause for holding said inquest, and approve of the same.(v)

(4) Extended to Armstrong county, by act 8 March 1855. P. L. 64. And see act 30 March 1866, as to Luzerne county, P. L. 391; act 18 March 1869, as to Westmoreland, P. L. 404; and act 8 March 1872, as to Cambria county, P. L. 294.

(r) By act 22 March 1867, he is to hold an inquest on the body of any person who shall have died of violent death, or whose death shall be sudden, provided such sudden death be after an illness of less than 24 hours, and no regular practising physician shall have been in attendance within that time; or that suspicious circumstances shall render the same necessary; which said suspicions shall first be sworn to by one or more citizens of the city. P. L. 532. Before holding an inquest a coroner or justice should make some reasonable inquiry into the cause of death; if there is no reason for supposing a felonious destruction of life, an inquest should not be held. Pfouts's Case, 7 C. C. 265. Stocker's Inquest, 5 Kulp 487; Bender's Case, 8 C. C. 664. A view of the body by the coroner in conjunction with a jury is an essential of every inquisition. Burnett v. County, 9 C. C. 95. (8) Limited to $2500, by act 12 April 1856. P. L. 324. The act 5 May 1864 allows him $3500 per annum, and $900 for clerk-hire. P. L. 825. And the act 22 March 1867 allows $1500 for the salary of a deputy. P. L. 532. By the act 13 June 1883, P. L. 113, the

salary of the coroner is fixed at $5000 and of his deputy at $2700 per annum.

(1) Extended to Blair county, by act 15 April 1853, § 4, P. L. 453; to Indiana, by acts 14 March 1857, P. L. 88, and 27 February 1863, P. L. 82; to Bucks and Montgomery, by act 14 March 1860, § 2, P. L. 167; and to Washington county, by act 2 April 1867, P. L. 677. It is repealed, as to Berks county, by act 2 April 1856, P. L. 219. In Northampton county, the compensation is fixed at $15, by act 19 April 1856, unless increased by the county commissioners. P. L. 461. See act 18 March 1864, as to Butler county, P. L. 60; act 30 January 1866, P. L. 6, as to Schuylkill and Mercer counties (which, however, is repealed as to Schuylkill county, by act 28 June 1871, P. L. 1:380); and act 11 April 1866, as to Allegheny county, P. L. 602.

(u) See Allegheny County v. Watt, 3 P, S. 462. Commonwealth v. Harman, 4 Ibid. 269. Lancaster County v. Mishler, 14 L. Bar 101.

(2) Independently of this act, a justice has no right to hold an inquisition super visum corporis. Ex parte Schultz, 6 Wh. 269, 270. The jurisdiction is purely statutory, and must appear on the face of the proceedings. Reitlinger's Case, 2 Kulp 127. This act is repealed as to Northampton county, by act 1 May 1861; and the coroner of that county is thereby em