PRINTER'S NO. 315
No. 295 Session of 1979
INTRODUCED BY CALTAGIRONE, FEBRUARY 13, 1979
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 1979
AN ACT
1 Amending the act of July 20, 1917 (P.L.1158, No.401), entitled
2 "An act to fix, regulate, and establish the fees to be
3 charged and received by constables in this Commonwealth,"
4 further providing for fees and mileage of constables.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1, act of July 20, 1917 (P.L.1158,
8 No.401), referred to as the Constable Fee Law, amended May 9,
9 1974 (P.L.275, No.78) and October 10, 1974 (P.L.710, No.237), is
10 amended to read:
11 Section 1. Be it enacted, &c., That, from and after the
12 passage of this act, the fees to be charged and received by
13 constables in this Commonwealth shall be as follows:
14 [For executing a warrant on behalf of the Commonwealth or a
15 political subdivision thereof, for each defendant, five dollars
16 plus fifteen cents for each mile.
17 For conveying defendants, except vagrants, to jail, on
18 mittimus or warrants, for each defendant, five dollars plus
19 fifteen cents per mile.
1 For arresting persons guilty of a breach of the peace,
2 riotous or disorderly conduct, drunkenness, or who may be
3 engaged in the commission of any unlawful act tending to imperil
4 the personal security or endanger the property of the citizens,
5 or violating any ordinance of any borough, township or political
6 subdivision, for the violation of which a fine or penalty is
7 imposed, or offending or suspected of offending against the laws
8 of this Commonwealth, protecting timberlands, or the violation
9 of any other law of this Commonwealth authorizing arrest by
10 constable without process, and bringing such offender before a
11 justice of the peace, for each defendant, five dollars; and for
12 every act in or about the arrest or commitment of vagrants, five
13 dollars for each vagrant so arrested, or arrested and committed,
14 and mileage as hereinafter provided.
15 For levying a fine or forfeiture on a warrant, fifty cents.
16 For taking the body of a defendant into custody on a warrant,
17 where bail is afterwards entered before delivery of body to the
18 jailer, five dollars.
19 For executing discharge to jailer, five dollars.
20 For executing bail-piece, two dollars fifty cents.
21 For executing a search-warrant, and making return thereon,
22 one dollar.
23 For making returns to the court of common pleas, two dollars
24 and fifty cents.
25 For serving summons, complaints, notices on suitor or tenant,
26 either personally or by leaving copy, five dollars plus one
27 dollar fifty cents for each additional defendant.
28 For serving subpoena, in all cases, five dollars for the
29 first witness, plus fifteen cents for each mile, plus two
30 dollars for each additional witness.
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1 For executing landlord's warrant, three dollars.
2 For taking inventory of goods, each item, two cents.
3 For levying or distraining goods, including schedule of
4 property levied upon and set aside, fifteen dollars.
5 For advertising personal property to public sale, two dollars
6 and fifty cents.
7 For appraisement on landlord's distraint, five dollars.
8 For posting notice of execution sale or sale on landlord's
9 distraint and advertisement, plus actual cost of advertising,
10 five dollars.
11 For selling goods levied or distrained, ten dollars.
12 For clerk hire at said sales, when necessary, ten dollars per
13 day.
14 For watchman taking charge of property levied on, when
15 necessary, ten dollars per day, also reasonable expenses of
16 insurance, arranging goods for sale, heat, light, storage, rent,
17 transportation, feeding live-stock, and similar expenses
18 incurred in caring for and keeping goods and chattels levied
19 upon, when the same is necessary and advantageous, or when
20 requested by the plaintiff or defendant to incur such expense.
21 For receiving and paying over money paid after a levy,
22 without sale, one dollar and fifty cents.
23 For bill of sale, when demanded, each item two cents.
24 For putting up notice of distress on the premises, fifty
25 cents.
26 For making return of no levy or not found on any process, one
27 dollar fifty cents.
28 For executing order for possession, seven dollars.
29 For forcible ejectment on order for possession, twenty-five
30 dollars.
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1 For serving complaint in landlord and tenant proceedings,
2 five dollars.
3 For taking inventory of goods on an execution, each item, two
4 cents.
5 For appraising property where exemption is claimed by
6 defendant, one dollar.
7 For traveling expenses in the performance of any duty or
8 service hereinbefore set forth, or in the performance of any
9 other duty or service required by law, each mile going and
10 returning, fifteen cents to be computed by the route usually
11 traveled in going from points and places where said constables
12 may reside, or where he receives any paper to be executed, to
13 the points or places required to be traveled: Provided, That in
14 no case shall more mileage be demanded or received than for the
15 miles actually traveled except that in all political
16 subdivisions other than cities of the first class a minimum fee
17 of one dollar fifty cents shall be allowed as mileage.
18 For services not herein specially provided for the same fee
19 may be charged and received as for similar services.]
20 For executing a warrant or writ on behalf of the Commonwealth
21 or a political subdivision thereof, for each warrant or writ
22 $7.50 summary, $15 misdemeanor, $25 felony, plus 25¢ for each
23 mile.
24 For conveying defendants to jail, on mittimus or warrants,
25 for each warrant or writ $7.50 summary, $15 misdemeanor, $25
26 felony plus 25¢ per mile.
27 For arresting persons guilty of a breach of the peace,
28 riotous or disorderly conduct, drunkenness, or who may be
29 engaged in the commission of any unlawful act tending to imperil
30 the personal security or endanger the property of the citizens,
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1 or violating any ordinance of any borough, township or political
2 subdivision, for the violation of which a fine or penalty is
3 imposed, or offending or suspected of offending against the laws
4 of this Commonwealth, protecting timberlands, or the violation
5 of any other law of this Commonwealth, and bring such offender
6 before a justice of the peace, for each defendant, $7.50
7 summary, $15 misdemeanor, $25 felony and for every act in or
8 about the arrest or commitment of each act, $7.50 summary, $15
9 misdemeanor, $25 felony so arrested, or arrested and committed,
10 and mileage as hereinafter provided.
11 For transporting prisoner from other county to issuing
12 authority for hearing or arraignment $60 per constable or deputy
13 constable per day, plus 25¢ per mile.
14 For making an arrest on a warrant issued by any court on
15 summary case, $7.50.
16 For taking defendant before justice of peace on summary case
17 for purposes of making bail, where defendant is arrested in
18 county other than county of issuing authority, $7.50.
19 For taking defendant before issuing authority on summary case
20 where defendant does not have moneys to pay, or no fine and
21 costs are stated on warrant or for arraignment, $7.50.
22 Where defendant is released by justice of peace on summary
23 case, after being arrested and arraignment, either by bail or
24 other release, $7.50.
25 For taking defendant to any jail or lockup either by order of
26 judiciary, or because judiciary not available, on summary case,
27 $7.50.
28 Where defendant having been arrested on summary case,
29 deposits with constable the sum of fine and costs or the amount
30 of bail requested by judiciary, for purpose of bail for hearing,
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1 $5 plus warrant costs.
2 For issuing citation on defendant, $7.50.
3 For appearance at hearing on summary citation, $7.50.
4 For all other waiting time, $7.50 per hour and/or a minimum
5 of one hour or fraction thereof.
6 For executing a search warrant and making return, $10.
7 Each writ issued by any court, shall be a separate writ to be
8 charged according to type of case.
9 For making an arrest on a warrant issued by any court on
10 misdemeanor warrant, $15.
11 For taking defendant before justice of peace on misdemeanor
12 case for purpose of making bail, where defendant is arrested in
13 county other than county of issuing authority, $15.
14 For taking defendant to any jail or lockup either by order of
15 judiciary, or because judiciary not available, on misdemeanor
16 case, $15.
17 For making arrest on misdemeanor case, without warrant, $15.
18 For appearance at hearing on misdemeanor case upon
19 conviction, $15.
20 For making an arrest on a warrant issued by any court on
21 felony warrant, $25.
22 For taking defendant before justice of peace on felony case
23 for purpose of making bail, where defendant is arrested in
24 county other than county of issuing authority, $25.
25 For taking defendant before issuing authority on felony case,
26 for arraignment, $25.
27 Where defendant is released by justice of peace on felony
28 case, after being arrested and arraignment either by bail or
29 other release, $25.
30 For taking defendant to any jail or lockup either by order of
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1 judiciary, or because judiciary not available, on felony case,
2 $25.
3 For making arrest on felony case, without warrant, $25.
4 For appearance in court when subpoenaed or summons, $60 per
5 day.
6 For executing discharge to jailer, $7.50.
7 For taking defendant before justice of peace on felony case
8 from prison or lockup, $25.
9 For taking defendant before justice of peace on misdemeanor
10 case from prison or lockup, $15.
11 For services of deputy or assisting officer, per writ, on
12 felony case, $25.
13 For services of deputy or assisting officer, per writ, on
14 misdemeanor case, $15.
15 For services of deputy or assisting officer, per writ on
16 summary case, $7.50.
17 For serving subpoena, in all cases, $10 for the first witness
18 at the address, plus $5 for each additional witness at the same
19 address.
20 For serving judiciary notice to hearing in any civil case for
21 the first defendant at the address $10, each additional
22 defendant at same address, $5.
23 For serving notice of execution, $10.
24 For levying goods, including schedule of property levied upon
25 and set aside each address, $20.
26 For posting notice of levy each address levied, $5 per notice
27 (3).
28 For posting sale notice, each notice, $7.50 per notice (2).
29 For advertising sale of personal property of defendant by
30 posting of handbills plus $5 for posting.
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1 For taking inventory of goods levied each item, 05¢.
2 For selling goods levied, $20.
3 For clerk at sale, $15.
4 For holding sale, 3% on all proceeds.
5 For receiving and paying over moneys on execution, $4.
6 For bill of sale, each item 05¢.
7 For appraising property where exemption is claimed by
8 defendant, $10.
9 For serving notice of possession, $10.
10 For turning over of property to landlord without forcible
11 ejectment on order for possession, $25.
12 For forcible ejectment on order for possession, $50.
13 For making return of not found on any process, $2 per
14 mileage.
15 Expenses, traveling, in the performance of any duty or
16 service required by law, to be computed by the route usually
17 traveled in going from points and places where said constable
18 may reside, to where he receives any paper to be executed, to
19 the points or places required to be traveled whether that route
20 be highways, railroads, or otherwise: Provided, That in no case
21 shall more mileage be demanded or received than for the miles
22 actually traveled, each mile going and coming, except that a
23 minimum fee of $2 shall be allowed as mileage, 25¢ per mile.
24 For services not herein specially provided for the same fee
25 may be charged and received as for similar services.
26 Section 2. This act shall take effect immediately.
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