Powers and Duties
Sections
7151. General imposition of duties and grant of powers.
7152. Elections.
7153. Service of process.
7154. Collection of taxes.
7155. Arrest of offenders against forest laws.
7156. Executions.
7157. Returns and appearance.
7158. Arrest in boroughs.
7159. Trespassing livestock.
7159.1. Sale of trespassing livestock.
§ 7151. General imposition of duties and grant of powers.
Constables shall perform all duties authorized or imposed on them by statute.
§ 7152. Elections.
The constable of a borough, township or ward, or his deputy, shall do all of the following:
(1) Be present at the polling place in each election district of the borough, township or ward at each election during the continuance of each election and while the votes are being counted, for the purpose of preserving the peace.
(2) Serve at all elections.
Cross References. Section 7152 is referred to in section 7163 of this title.
§ 7153. Service of process.
If no coroner is in commission to serve process in a suit instituted in a court of this Commonwealth in which the sheriff of a county may be a party, a constable in the county where the process has been issued may serve as the coroner and perform the authorized duties of the coroner.
§ 7154. Collection of taxes.
(a) Bond.–It shall be unlawful for a tax collector to do any of the following:
(1) Give a warrant against delinquent tax payers to a constable unless the constable has given security by bond and warrant, with two sufficient sureties and to the satisfaction of the court of common pleas, in the sum of $5,000.
(2) Give a constable, at any one time, warrants for a greater amount of taxes than the amount of the bond required under paragraph (1).
(b) Report and payment.–A constable shall make a report and payment of all collections on warrants under subsection (a) at least once in every week after the warrants have been issued.
(c) Interest.–In addition to any commissions that may be imposed for the collection of taxes, all taxes remaining unpaid on the first day of January after the year for which they were assessed shall accrue interest until they are paid.
§ 7155. Arrest of offenders against forest laws.
If a person is detected by a constable in the act of trespassing upon any forest or timber land within this Commonwealth, under circumstances as to warrant reasonable suspicion that the person has, is or may commit an offense against any law for the protection of forests and timber land, the constable may, without first procuring a warrant, arrest the person.
§ 7156. Executions.
(a) Debt, interests and costs.–The debt, interest and costs of a writ of execution delivered to a constable shall be entered into the docket of a magisterial district court and on the back of the writ of execution. A constable may not be discharged from the writ of execution unless he provides to the magisterial district judge on or before the return day of the writ of execution the receipt of the plaintiff or any other legally sufficient return.
(b) Invalid returns.–If a constable makes a false return, does not produce the plaintiff’s receipt on the return day or makes a return deemed insufficient by the magisterial district judge, the magisterial district judge shall issue a summons to the constable to appear on the designated day, which may not be more than eight days from the date of issuance, to show cause why a writ of execution should not be issued against the constable for the amount of the writ of execution under subsection (a). If the constable does not appear or does not show sufficient cause why the writ of execution should not be issued against him, the magisterial district judge shall enter judgment against the constable for the amount of the writ of execution under subsection (a) with costs. No stay may be entered upon the writ of execution, and, upon application of the plaintiff or his agent, the magisterial district judge shall issue an execution against the constable for the amount of the judgment, which may be directed to an authorized person. The summons under this subsection shall be issued to an authorized person to serve. If the summons is not served, that person shall pay a fine of $20. If an authorized person cannot be conveniently found to serve the summons, the magisterial district judge shall direct it to the supervisor of the highways of the township, ward or district where the constable resides, who shall serve the summons or pay a penalty of $20.
(c) Insolvent debtors.–Nothing in this section shall affect proceedings regarding insolvent debtors and their discharge on a full surrender of their property.
§ 7157. Returns and appearance.
(a) Returns.–In a county of the sixth, seventh or eighth class, a constable is not required to make a return, if required by law, to the court of common pleas if the constable has no information to impart in the return.
(b) Appearance.–A court may summon a constable to appear before it and direct the constable to investigate a complaint of a violation of law or of a condition which a constable is required to report to the court and to make a report of his investigation.
§ 7158. Arrest in boroughs.
In addition to any other powers granted under law, a constable of a borough shall, without warrant and upon view, arrest and commit for hearing any person who:
(1) Is guilty of a breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness.
(2) May be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens.
(3) Violates any ordinance of the borough for which a fine or penalty is imposed.
§ 7159. Trespassing livestock.
(a) In general.–An owner or tenant of an enclosed or unenclosed, improved land in this Commonwealth who discovers trespassing livestock shall notify the constable of the township, borough or ward in which the improved land lies. If the constable of the township, borough or ward is unavailable or unable to assist, the owner or tenant shall notify the constable of the county. The following shall apply:
(1) The constable shall impound the livestock either with the owner or tenant of the land if the owner, and the tenant if one exists, agrees or with another individual or entity that the constable may deem best situated to care for the livestock.
(2) All reasonable costs of keeping the livestock shall be part of the costs of care.
(b) Notification.–The owner of the livestock shall be notified in the following manner:
(1) If the owner is known and resides within the county where the trespass has been committed, the constable shall give written notice to the owner that the livestock has been impounded, the location of the livestock and the name of the owner of the land where the livestock trespassed. Notice shall be given within 24 hours of impounding in accordance with the Pennsylvania Rules of Civil Procedure.
(2) If the owner is known but does not reside in the county where the trespass has been committed, the constable shall give written notice to the owner that the livestock has been impounded, the location of the livestock and the name of the owner of the land where the livestock trespassed. Notice shall be served within 24 hours of impounding by registered mail.
(c) Payment.–If, within four days of receiving notice, the owner of the trespassing livestock pays for the cost of the damage to the land, the costs of care and the fee for the constable, the livestock shall be returned to the owner within three days after receiving payment.
(d) Refusal.–If the owner fails to pay the costs and fees within four days, the constable shall notify the magisterial district judge of the county where the trespass was committed. The magisterial district judge shall then direct three disinterested owners of land in the locale where the damage occurred to inspect the trespass, value and appraise the damage. The three shall then consider the appraisal, value and costs of care and make a report to the magisterial district judge within five days.
Cross References. Section 7159 is referred to in section 7159.1 of this title.
§ 7159.1. Sale of trespassing livestock.
(a) Process.–If the owner of the livestock fails to pay for the costs, damages and fees within one day of the filing of the report of the appraisers, the livestock shall be sold at a public sale. The following shall apply:
(1) The livestock must be described with particularity in a printed or written advertisement. The following shall apply:
(i) The advertisement must be posted at six of the most public places in the locale of the damaged property.
(ii) The advertisement must set forth a place and time of public sale of the livestock.
(2) At the named time and place, the livestock shall be sold to the highest bidder unless at any time prior to the sale the owner of the livestock shall pay all costs, damages and fees or has begun an action for replevin against the owner of the land.
(3) The constable shall remit a written report of the sale and all money realized from the sale of the livestock to the magisterial district judge. The following shall apply:
(i) The magisterial district judge shall pay the costs and damages to the land owner.
(ii) Not less than three, nor more than four, months after the sale, the magisterial district judge shall remit any surplus to the county treasurer in the county where the damage occurred.
(iii) The owner of the livestock shall have the right to submit proof of ownership to the magisterial district judge or the county treasurer at any time within two years of the sale to claim any surplus of the sale.
(4) If the sale results in a deficit, the payment shall be made as follows:
(i) First, the costs shall be paid in full or divided pro rata among the constable, magisterial district judge, the appraisers and the cost of care.
(ii) After the costs are paid in full, the remaining amount shall be paid to the owner of the land for any damage sustained.
(b) Redemption.–The owner of livestock impounded under this section shall have the right, at any time before the livestock are sold, to pay all the costs accrued and the amount of damages awarded in the appraisement in section 7159 (relating to trespassing livestock) and to recover the livestock.
(c) Replevin.–The owner may also recover the impounded livestock, at any time before the livestock are sold, through a successful action of replevin. The following shall apply:
(1) The action for replevin must be on the condition that the owner of the livestock pay all damages and fees, including:
(i) Amount of damages sustained by the land owner.
(ii) Costs of care.
(iii) Fees to the constable, magisterial district judge and the three disinterested appraisers.
(2) The damages and fees shall be itemized by costs, damages and fees.
(3) If a jury or the appraisers determine that the harm to the owner of the livestock was greater than the harm to the owner of the land, the owner of the livestock must still pay the costs and fees, but not to the attorney for the owner of the land.
(4) If a jury or the appraisers determine that the harm to the owner of the land is greater than the harm to the owner of the livestock, the court shall require the owner of the livestock to pay a reasonable fee to the attorney for the owner of the land.