| [Webmaster note: It is incompatible for a constable to carry on business as a private detective. In re: Stanley, 204 Pa. Superior Ct. 29, 201 A.2d 287 (1964).] |
§ 1. Election; cities of second and third classes.
§ 2. Election; boroughs and townships.
§ 3. Additional constable in first class townships.
§ 4. Acting constables to notify elected constables.
§ 5. Duty of elected constables to serve.
§ 6. Appointment by court; qualifications.
§ 7. Refusal to perform duties.
§ 8. Exceptions.
§ 9. Bond.
§ 10. Police officer serving as constable.
§ 11. Appointment to vacancy; cities, boroughs, and wards.
§ 12. Appointment to vacancy in township.
§ 13. Local laws.
§ 14. Term of office.
§ 15. Abolition of office in Philadelphia.
§ 21. Deputy constables; appointment and eligibility.
§ 22. Deputies not to be appointed without approval of court; qualifications of deputy.
§ 23. Filling vacancy.
§ 31. Intemperance, neglect of office, malfeasance or misfeasance; procedure.
§ 40. Peace officers, powers and duties.
§ 41. Service of process.
§ 42. [Repealed.]
§ 43. When returns unnecessary.
§ 44. Complaints; investigation by constables.
§ 45. Arrest of offenders on view.
§ 46. Actions for violation of ordinances; practice.
§ 64. Fee for attending court and making return.
§ 67. Fees in juvenile cases.
§ 72. Compensation for return; restrictions.
§ 73. Constable's returns to quarter sessions; no fees or mileage allowed; exception.
§ 74. Return of subpoenas; limitation on mileage cost.
§ 75. Approval of bills for services.
§ 82. Account on execution; failure to make proper return; process against constables; penalty for non-service; summary judgment.
§ 87. Justices may issue process against sureties of constables; appeal.
§ 88. On payment by sureties, the original judgment vests in them.
The qualified voters of each ward in cities of the second and third classes shall, on the third Tuesday of February next, and triennially thereafter, elect a properly qualified person for constable in each of said wards, who shall serve for three years. Whenever a constable shall be appointed by the court, as provided by existing laws, the constable so appointed shall serve for the unexpired term.
The qualified voters of every borough and township, and, where a borough is divided into wards, of every ward in the commonwealth of Pennsylvania, shall, on the third Tuesday of February, Anno Domini, one thousand eight hundred and ninety-six, and triennially thereafter, vote for and elect a properly qualified person for constable in each of said districts, and a properly qualified person for high constable in each of said boroughs, and the person so elected shall serve for three years.
[Webmaster note: This section was repealed by the Act of May 14, 1915, P.L. 312, insofar as it relates to high constables.]
At the general municipal election of the year one thousand nine hundred and eleven, and quadrennially thereafter, the qualified electors of each township of the first class may vote for and elect a properly qualified person to serve as constable for such township, in addition to the constable now provided by law, and to serve for a term of four years.
The acting constable to every ward, town, township or district in this commonwealth, shall, within six days after the election for a constable or constables has been held, give notice in writing to the person or persons who shall be chosen of his or their election to the said office; and if such acting constable shall neglect so to do, he shall forfeit to the commonwealth the penalty of sixteen dollars; and if any person so elected and notified shall refuse or neglect to appear on the first day of the next court of quarter sessions, to decline or accept the said office, he shall forfeit the like penalty of sixteen dollars to the commonwealth, which penalties shall be levied by the order of the said court.
It shall be the duty of every person elected to the office of constable in any township, to appear on the first day of the next court of quarter sessions of the same county, to accept or decline such office; and if any person so elected and duly notified thereof shall neglect or refuse so to appear, he shall forfeit to the township the sum of forty dollars, to be levied by order of the court.
The court to which a return as aforesaid shall be made, shall appoint one of the persons returned to be constable of the township for the term of one year from the date of his appointment and until a successor shall be duly appointed, if it shall appear to the satisfaction of the court that he possesses a freehold estate, he shall give bond with at least one thousand dollars, or if he does not possess such freehold estate, he shall give bond with at least one sufficient surety, to be approved of by the court, in the sum and manner hereinafter directed: Provided, That the court shall in all cases give a preference in such appointment to the person highest on the return, if he be a freeholder as aforesaid or offers to give security as hereinbefore provided.
If any person who shall be duly elected and appointed a constable, or who shall be appointed as such by the court in the cases hereinbefore mentioned, and who shall possess a freehold estate of the value aforesaid, shall refuse or neglect to take upon himself the said office, or shall not procure a deputy to undertake the duties thereof, he shall be fined by the court in the sum of forty dollars, for the use of the proper township.
No person shall be liable to the penalty aforesaid who shall have served personally or by deputy in the office of constable of the same township within fifteen years of his said election or appointment, or, having been elected or appointed within that period, shall have paid the penalty aforesaid.
The bond to be given by a constable shall be in such sum not less than five hundred dollars, nor more than three thousand dollars, as the court shall direct, and shall be taken by the clerk of court in the name of the commonwealth, with conditions for the just and faithful discharge by the said constable of the duties of his office; and such bond shall be held in trust for the use and benefit of all persons who may sustain injury from him in his official capacity by reason of neglect of duty, and for the like purposes and uses as sheriff's bonds are given and held.
From and after the passage of this act, it shall be lawful for any policeman residing in any borough, who shall be duly appointed or elected to the office of constable in said borough, or any ward thereof, to hold and exercise said office, and to demand and receive all costs, fees and emoluments pertaining thereto, as allowed by law.
Whenever a vacancy may occur in the office of constable in any borough, town, ward of any city, borough, or town or township in said Commonwealth by reason of failure to elect, failure to qualify, incompetency, death, resignation, removal, or for any other cause, it shall be the duty of the court of quarter sessions of the peace of the county in which such borough, city, ward, or township may lie, upon petition of not less than ten qualified electors residing in such borough, city, ward, or township to appoint a suitable person, who, upon being qualified as required by law, shall serve as the constable thereof for the unexpired term so vacant.
If the electors of any township shall fail to elect two persons for the said office, or if both of the persons returned should be incompetent with respect to estate or unable to give the requisite security, or should refuse to take upon themselves the said office, or in the event of a vacancy in the office, by death or otherwise, it shall be the duty of the said court to appoint some other respectable person possessing a freehold estate of the value aforesaid, or who shall give the security required, to serve as constable until the next annual election and until a successor be duly appointed.
Nothing in this act contained shall be so construed as to repeal any special provision heretofore made by law, for any city, borough, district or township in this commonwealth.
The terms of constables hereafter elected in cities of the second, second class A and third classes, boroughs, incorporated towns, and townships, shall be for six years. Whenever a constable shall be appointed by the court as provided by exiting [sic] laws, the constable so appointed shall serve for the unexpired term.
The office of constable in the City of Philadelphia is hereby abolished and the terms of office of all incumbents are hereby terminated.
On and after the passage of this act, the sole power to appoint a deputy constable, or constables, in any ward, borough, or township, shall be vested in the constable of such ward, borough, or township, subject to the approval of the court of quarter sessions as provided by law; and that no person shall be appointed as a deputy constable unless he shall be, at the time of his appointment, a bona fide resident of the ward, borough, or township for which he shall have been appointed, and shall continue to be a bona fide resident for the time during which such appointment is made.
No deputy shall be appointed by any constable, either by general or partial deputation, without the approbation of the court of quarter sessions of the proper county first had and obtained, except the same be made specially in some civil suit or proceeding, at the request and risk of the plaintiff, or his agent: Provided, however, That from and after the passage of this act, no constable of any city of the first class shall appoint any person as a deputy who is not a bona fide resident and duly qualified elector of the ward of the city in and for which constable was elected. That upon the removal of said deputy from said ward, or ceasing to be a qualified elector of said ward, in and for which said constable was elected, upon the petition of five duly qualified electors thereof, setting forth said facts, and open proof thereof, the court of quarter sessions of the proper county may revoke the appointment of said deputy.
In the event of the death, inability or refusal to act of his deputy, the constable of any township may, with the appropriation of any one of the judges of the court of quarter sessions of the same county, appoint another deputy, with full authority to act as such until the next regular session of such court, and for the acts of such deputy, the constable and his sureties shall be liable as in other cases, and in every such case the constable shall file a written copy of such deputation in the office of the clerk of the court of quarter sessions of such county.
The courts of quarter sessions of each county shall have full power, on petition of any surety of any constable, setting forth the complaint, and verified by affidavit, to inquire into the official conduct of such constable, and in all cases where said court shall be satisfied that from habits of intemperance or neglect of duty, any constable is unfit and incompetent to discharge his official duties, it shall be lawful for said courts, respectively, to decree the removal of such constable from office, unless such constable gives such additional security as the court may direct, and to appoint a suitable person to fill the vacancy who shall have a freehold estate with at least one thousand dollars beyond incumbrance, or give security, as in other cases of constables, to continue in office until the next succeeding election for constable, and until a successor be duly qualified, and in all cases where any constable, elected or appointed, shall not have given security, and has so neglected his business, or the situation of his estate is such as to render it unsafe to entrust him with the execution of official duties, the said courts shall also have power to require such constable to give security in the same sum and in the same manner required by law from other constables who have not such estate as exempts them from giving security, and such security thus given shall be for the same uses and as valid in law as the security given by said other constables, and in default of giving such security within such time as the said court shall adjudge reasonable, said court shall decree the removal of such constable from office, and fill the vacancy in the same manner as is provided herein for cases of constables incompetent to act from habits of intemperance.
The courts of quarter sessions of each county shall also have full power, on petition of any citizen or citizens of said county setting forth the complaint, and verified by affidavit, to inquire into the official conduct of any constable of said county in cases other than charges against such constable of the existence in him of habits of intemperance or neglect of duty; and, in all cases where said court shall be satisfied that because of any act or acts of malfeasance or misfeasance in office committed by him, including any act or acts of oppression of any suitor or suitors, or witness or witnesses, such constable is unfit or incompetent properly to discharge his official duties, it shall be lawful for said courts, respectively, to decree the removal of such constable from office, and to appoint a suitable person to fill the vacancy, who shall have a freehold estate with at least one thousand dollars beyond encumbrance, or give security as in other cases of constables, to continue in office until the next succeeding election for constable and until a successor be duly qualified.
Constables, county detectives, sheriffs, deputy sheriffs, waterways patrolmen and game protectors shall perform all those duties authorized or imposed on them by statute.
In all suits which may hereafter be instituted in any court of this commonwealth, in which the sheriff of any county may be a party, when there is no coroner in commission to serve process, it shall be lawful for any constable, in the county where the process has been issued, to serve the same, and perform the duties in relation thereto which coroners are authorized to do under the laws of this commonwealth.
In all counties of the sixth, seventh, and eighth classes, in all cases where under the laws of the Commonwealth the constables of the various political divisions are required to make a return to the courts of quarter sessions of the respective counties at regular intervals, and where the said constables have no information to impart in such return, the said constables shall not make a return to the court.
Whenever any complaint is made to the court of quarter sessions of violations of law or of conditions which under the law the constable of the district is required to report to the court, the said court may summon the constable of the district to appear before it, and direct him to investigate such violations and conditions, and make a report of his investigations.
The policemen and constables of the several boroughs of this commonwealth, in addition to the powers already conferred upon them, shall and may, without warrant and upon view, arrest and commit for hearing any and all persons guilty of a breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness, or may be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens, or violating any ordinances of said borough, for the violation of which a fine or penalty is imposed.
| [Webmaster note: This section has been repealed except insofar as it relates to constables.] |
All actions, prosecutions, complaints and proceedings for the violation of borough ordinances, and for the collection of fines and penalties imposed thereby, may be commenced by warrant or by summons at the discretion of the chief burgess or justice of the peace before whom the complaint is made or the proceedings begun, but no warrant shall be issued except upon complaint, on oath or affirmation, specifying the ordinance for the violation of which the same is issued, and all proceedings shall be directed to and be served by any policeman or constable of said borough, who shall execute the same anywhere within the borough, or in the county of which it is a part, or elsewhere in the state, as may be provided by law.
| [Webmaster note: This section has been repealed except insofar as it relates to constables or justices of the peace.] |
From and after the passage of this act, the fees to be received by constables in this Commonwealth shall be as follows:--
For attendance on court and making returns therein, two dollars and fifty cents per diem.
For serving notices of their election upon township or borough officers, for each service, fifteen cents.
Constables shall receive the same fees for serving writs in juvenile cases as they receive for similar services in criminal cases.
No compensation for making a return to court shall be paid to any constable unless he has actually appeared in court, and presented his return containing information required by the court, at the regular time fixed by law for making such return.
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The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.