PRINTER'S NO. 2353
No. 1809 Session of 1983
INTRODUCED BY GALLAGHER, J. L. WRIGHT, BURNS, CLYMER, MAYERNIK
AND PRESTON, DECEMBER 14, 1983
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 14, 1983
AN ACT
1 Amending the act of July 20, 1917 (P.L.1158, No.401), entitled
2 "An act an act to fix, regulate, and establish the fees to be
3 charged and received by constables in this Commonwealth,"
4 changing the fees of constables; adding duties; and making
5 editorial changes.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1 of the act of July 20, 1917 (P.L.1158,
9 No.401), referred as the Constable Fee Law, amended May 9, 1974
10 (P.L.275, No.78), and October 10, 1974 (P.L.710, No.237), is
11 amended to read:
12 Section 1. Be it enacted, &c., That, from and after the
13 passage of this act, the fees to be charged and received by
14 constables in this Commonwealth shall be as follows:
15 For executing a warrant on behalf of the Commonwealth or a
16 political subdivision thereof, [for each defendant, five dollars
17 plus fifteen cents for each mile] for each writ or warrant,
18 fifteen dollars for any summary offense, twenty dollars for any
19 misdemeanor, twenty dollars for any felony; plus twenty-five
1 cents per mile.
2 For conveying defendants [, except vagrants,] to jail, on
3 mittimus or warrants, [for each defendant, five dollars plus
4 fifteen cents per mile] for each writ or warrant, fifteen
5 dollars for any summary offense, twenty dollars for any
6 misdemeanor, twenty dollars for any felony; plus twenty-five
7 cents per mile.
8 For arresting persons guilty of a breach of the peace,
9 riotous or disorderly conduct, drunkenness, or who may be
10 engaged in the commission of any unlawful act tending to imperil
11 the personal security or endanger the property of the citizens,
12 or violating any ordinance of any borough, township or political
13 subdivision, for the violation of which a fine or penalty is
14 imposed, or offending or suspected of offending against the laws
15 of this Commonwealth, protecting timberlands, or the violation
16 of any other law of this Commonwealth [authorizing arrest by
17 constable without process,] and bringing such offender before a
18 [justice of the peace] district justice, for each defendant,
19 [five dollars] fifteen dollars for any summary offense, twenty
20 dollars for any misdemeanor, twenty dollars for any felony; and
21 for every act in or about the arrest or commitment of [vagrants,
22 five dollars for each vagrant so arrested, or arrested and
23 committed,] each act, and mileage as hereinafter provided.
24 [For levying a fine or forfeiture on a warrant, fifty cents.
25 For taking the body of a defendant into custody on a warrant,
26 where bail is afterwards entered before delivery of body to the
27 jailer, five dollars.
28 For executing discharge to jailer, five dollars.
29 For executing bail-piece, two dollars fifty cents.
30 For executing a search-warrant, and making return thereon,
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1 one dollar.
2 For making returns to the court of common pleas, two dollars
3 and fifty cents.
4 For serving summons, complaints, notices on suitor or tenant,
5 either personally or by leaving copy, five dollars plus one
6 dollar fifty cents for each additional defendant.
7 For serving subpoena, in all cases, five dollars for the
8 first witness, plus fifteen cents for each mile, plus two
9 dollars for each additional witness.
10 For executing landlord's warrant, three dollars.
11 For taking inventory of goods, each item, two cents.
12 For levying or distraining goods, including schedule of
13 property levied upon and set aside, fifteen dollars.
14 For advertising personal property to public sale, two dollars
15 and fifty cents.
16 For appraisement on landlord's distraint, five dollars.
17 For posting notice of execution sale or sale on landlord's
18 distraint and advertisement, plus actual cost of advertising,
19 five dollars.
20 For selling goods levied or distrained, ten dollars.
21 For clerk hire at said sales, when necessary, ten dollars per
22 day.
23 For watchman taking charge of property levied on, when
24 necessary, ten dollars per day, also reasonable expenses of
25 insurance, arranging goods for sale, heat, light, storage, rent,
26 transportation, feeding livestock, and similar expenses incurred
27 in caring for and keeping goods and chattels levied upon, when
28 the same is necessary and advantageous, or when requested by the
29 plaintiff or defendant to incur such expense.
30 For receiving and paying over money paid after a levy,
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1 without sale, one dollar and fifty cents.
2 For bill of sale, when demanded, each item two cents.
3 For putting up notice of distress on the premises, fifty
4 cents.
5 For making return of no levy or not found on any process, one
6 dollar fifty cents.
7 For executing order for possession, seven dollars.
8 For forcible ejectment on order for possession, twenty-five
9 dollars.
10 For serving complaint in landlord and tenant proceedings,
11 five dollars.
12 For taking inventory of goods on an execution, each item, two
13 cents.
14 For appraising property where exemption is claimed by
15 defendant, one dollar.
16 For traveling expenses in the performance of any duty or
17 service hereinbefore set forth, or in the performance of any
18 other duty or service required by law, each mile going and
19 returning, fifteen cents to be computed by the route usually
20 traveled in going from points and places where said constables
21 may reside, or where he receives any paper to be executed, to
22 the points or places required to be traveled: Provided, That in
23 no case shall more mileage be demanded or received than for the
24 miles actually traveled except that in all political
25 subdivisions other than cities of the first class a minimum fee
26 of one dollar fifty cents shall be allowed as mileage.
27 For services not herein specially provided for the same fee
28 may be charged and received as for similar services.]
29 For transporting any prisoner from a contiguous county to an
30 issuing authority for hearing or arraignment, sixty dollars per
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1 constable or deputy constable per trip, plus twenty-five cents
2 per mile.
3 For making an arrest on a warrant issued by any court on a
4 summary case, fifteen dollars.
5 For making an arrest on a warrant issued by any court on
6 misdemeanor warrant, twenty dollars plus twenty-five cents per
7 mile.
8 For taking defendant before district justice on misdemeanor
9 case for purpose of making bail, where defendant is arrested in
10 county other than county of issuing authority, twenty dollars
11 plus twenty-five cents per mile.
12 For taking defendant to any jail or lockup either by order of
13 judiciary, or because judiciary not available, on misdemeanor
14 case, twenty dollars plus twenty-five cents per mile.
15 For making arrest on misdemeanor case, without warrant,
16 twenty dollars.
17 For appearance at hearing on misdemeanor case upon
18 conviction, twenty dollars plus twenty-five cents per mile.
19 For making an arrest on a warrant issued by any court on
20 felony warrant, twenty dollars plus twenty-five cents per mile.
21 For taking defendant before district justice on felony case
22 for purpose of making bail, where defendant is arrested in
23 county other than county of issuing authority, twenty dollars
24 plus twenty-five cents per mile.
25 For taking defendant before issuing authority on felony case
26 for arraignment, twenty dollars plus twenty-five cents per mile.
27 Where defendant is released by district justice on felony
28 case after being arrested and arraignment either by bail or
29 other release, twenty dollars plus twenty-five cents per mile.
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 twenty dollars plus twenty-five cents per mile.
3 For making arrest on felony case, without warrant, twenty
4 dollars.
5 For appearance in court when subpoenaed or summons, sixty
6 dollars per day plus twenty-five cents per mile.
7 For taking defendant before district justice on misdemeanor
8 case from prison to lockup, twenty dollars plus twenty-five
9 cents per mile.
10 For services of deputy or assisting officer, per writ on
11 felony case, twenty dollars.
12 For services of deputy or assisting officer, per writ on
13 misdemeanor case, twenty dollars. For services of deputy or
14 assisting officer, per writ on summary case, twenty dollars.
15 For serving subpoena, in all cases, twenty-five dollars for
16 the first witness at the address, plus five dollars for each
17 additional witness at the same address plus twenty-five cents
18 per mile.
19 For taking defendant before a district justice in a summary
20 case for purposes of making bail, where defendant is arrested in
21 county other than county of issuing authority, fifteen dollars.
22 For taking defendant before an issuing authority in a summary
23 case where defendant does not have moneys to pay, or no fine or
24 cost is stated on the warrant or for arraignment, fifteen
25 dollars plus twenty-five cents per mile.
26 Where defendant is released by a district justice on summary
27 case, after being arrested and arraignment, either by bail or
28 other release, fifteen dollars plus twenty-five cents per mile.
29 For taking defendant to any jail or lockup either by order of
30 the court or because the court officer was not available, on a
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1 summary case, fifteen dollars plus twenty-five cents per mile.
2 For executing discharge to a jailer, twenty dollars plus
3 twenty-five cents per mile.
4 Where defendant having been arrested on summary case,
5 deposits with a constable the sum of fine and costs or the
6 amount of bail requested for purposes of bail for hearing, five
7 dollars plus warrant costs and twenty-five cents per mile.
8 For issuing citation on defendant, fifteen dollars.
9 For appearance at hearing on summary citation, fifteen
10 dollars plus twenty-five cents per mile.
11 For executing a search warrant and making return, fifteen
12 dollars plus twenty-five cents per mile.
13 For serving notice of hearing in any civil case for the first
14 defendant at the address fifteen dollars, each additional
15 defendant at same address five dollars plus twenty-five cents
16 per mile.
17 For serving notice of execution, ten dollars plus twenty-five
18 cents per mile.
19 For levying goods, including schedule of property levied upon
20 and set aside for each address, thirty dollars plus twenty-five
21 cents per mile.
22 For posting required three notices of levy on each address
23 levied, ten dollars per notice plus twenty-five cents per mile.
24 For posting required three notices for sale, each notice, ten
25 dollars per notice plus twenty-five cents per mile.
26 For advertising sale of personal property of defendant by
27 posting required handbills, ten dollars per posting plus twenty-
28 five cents per mile.
29 For taking inventory of goods levied, each item, ten cents
30 per item.
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1 For selling goods levied, twenty dollars plus twenty-five
2 cents per mile.
3 For clerk at sale, fifteen dollars plus twenty-five cents per
4 mile.
5 For holding sale, three percent on all proceeds.
6 For receiving and paying over moneys to court or plaintiff on
7 executions, ten dollars.
8 For bill of sale, each item ten cents.
9 For appraising property where exemption is claimed by
10 defendant, ten dollars.
11 For serving notice of possession, twenty dollars plus twenty-
12 five cents per mile. For turning over of property to landlord
13 without forcible ejectment on order of possession, thirty
14 dollars plus twenty-five cents per mile.
15 For forcible ejectment on order of possession, thirty-five
16 dollars plus twenty-five cents per mile.
17 For making return of not found on any process, five dollars
18 per, plus twenty-five cents per mile.
19 Expenses, traveling, in the performance of any duty or
20 service required by law, to be computed by the route usually
21 traveled in going from points and places where said constable
22 may reside, to where he receives any paper to be executed, to
23 the points or places required to be traveled whether that route
24 be highways, railroads, or otherwise: Provided, That in no case
25 shall more mileage be demanded or received than for the miles
26 actually traveled, each mile going and coming, except that a
27 minimum fee of five dollars shall be allowed as mileage, twenty-
28 five cents per mile, otherwise.
29 For custody of any person on any writ or warrant issued by
30 the court, ten dollars.
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1 For conveying any person on any writ or warrant issued by any
2 court, ten dollars.
3 For services not herein specially provided for, the same fee
4 shall be charged and received as for similar services.
5 Each writ and warrant assigned docket number, issued by any
6 court, shall be a separate writ or warrant to be charged
7 according to type of case.
8 Section 2. This act shall take effect immediately.
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