Perishable goods may be sold upon order of judge or justice

Act 965 of 1864, § 2, under LIENS OF COMMON CARRIERS.

Act 965 of 1864, § 2

Section 2. Perishable goods may be sold upon order of judge or justice

Upon the application of any of the persons or corporation having a lien upon goods, wares, merchandise, or other property, as mentioned in the first section of this act, verified by affidavit, to any of the judges of the courts of Common pleas of this commonwealth, setting forth that the places of residence of the owner and consignee of any such goods, wares, merchandise, or other property, are unknown, or that such goods, wares, merchandise, or other property are of such perishable nature, or so damaged, or showing any other cause that shall render it impracticable to give the notice as provided for in the first section of this act, then and in such case, it shall and may be lawful for a judge of the city or county in which the goods may be, to make an order, to be by him signed, authorizing the sale of such goods, wares, merchandise or other property, upon such terms, as to notice, as the nature of the case may admit of, and to such judge shall seem meet: Provided, That in cases of perishable property, the affidavit and proceedings, required by this section, may be had before a justice of the peace. (1863, Dec. 14, P.L. (1864) 1127, Sec. 2.)

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.