Section 12. Account on execution; failure to make proper return; process against Constable; penalty for non-service; summary judgment
On the delivery of an execution to any Constable, an account shall be stated in the docket of the Justice, and also on the back of the execution, of the debt, interest and costs, from which the said Constable shall not be discharged but by producing to the Justice, on or before the return day of the execution, the receipt of the plaintiff, or such other return as may be sufficient in law, and in case of a false return, or in case he does not produce the plaintiff's receipt on the return day, or make such other return as may be deemed sufficient by the justice, he shall issue a summons, directed for service to a Constable, or to some other fit person, who shall consent to serve the same, and having so consented, by accepting of such process, shall be bound to execute the same, under a penalty of twenty dollars, to be recovered as other fines are recoverable by this act, but should not a Constable or other fit person conveniently be found to serve the process as aforesaid, the justice shall direct it to a Supervisor of the Highways of the township, ward or district where such Constable resides, whose duty it shall be to serve the same under the penalty aforesaid, commanding the said Constable to appear before him on such day as shall be mentioned in the said summons, not exceeding eight days from the date thereof, and then and there show cause why an execution should not issue against him for the amount of the first above-mentioned execution, and if the said Constable either neglects to appear on the day mentioned in such summons, or does not show sufficient cause why the execution should not issue against him, then the Justice shall enter judgment against such Constable for the amount of the first above-mentioned execution, together with costs, on which judgment there shall be no stay of execution, and upon application of the plaintiff or his agent, the said Justice shall issue an execution against the constable for the amount of such judgment, which execution may be directed to any constable of the county, or other fit person accepting thereof, or to a supervisor as aforesaid, whose duty it shall be to execute the same: Provided always, that nothing in this act contained shall in any manner impair or alter the proceeding as heretofore established, with regard to insolvent debtors, and their discharge on a full surrender of their property. 1810, March 20, P.L. 208, 5 sm. L. 161, Sec. 12.