Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 7174 - Action against security(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). 2009, Oct. 9, P.L. 494, No. 49, § 2, effective in 60 days [12/8/2009].