261 Pa. 261 | Pa. | 1918
Opinion by
C. E. Sitler, a defaulting tax collector for the Borough' of Tamaqua for the years 1913,1914, and 1915, was convicted of embezzlement and was allowed to appeal to the Superior Court from the sentence imposed upon him by the Court of Quarter Sessions of Schuylkill County. In allowing his appeal the Superior Court ordered him to enter into a recognizance, in the sum of $5,000, for his appearance if the judgment of the Court of Quarter Sessions should be affirmed. It was affirmed, and application for an appeal to this court was refused. Instead of
The agreement that the disposition of the appeal taken from the refusal of the court below to open the judgment entered to May term, 1916, No. 328, “should be conclusive of the facts in this judgment,” though somewhat ambiguous, evidently meant that the judgment upon which
If the moneys attached in the hands of the clerk of Quarter Sessions were held by him in his official capacity as such officer, by virtue of some law authorizing him to so hold it, they would undoubtedly have been exempt from attachment, for they would have been in custodia legis. The test of their exemption is a very simple one. The clerk Avas either authorized to receive them, or he was not so authorized, • and, if not, they Avere not in his hands as an officer of the laAV. No statute authorized him to receive the moneys. His only authority, when the Superior Court allowed Sitter’s appeal, was to take bail or a recognizance for the defendant’s appearance under the Act of March 14, 1877, P. L. 3, which is as follows: “The clerks of the several Courts of Quarter Sessions and Oyer and Terminer of this Commonwealth shall hereafter have authority, in all cases, excepting in the case of a defendant charged with treason,-felonious homicide or voluntary manslaughter, to take bail and recognizances, and approve such bonds as may be required by law, whenever the law judge or judges, and associate judges, if there be associate judges, shall be absent from the county seat, or shall be unable on account of sickness or other cause to attend to the duties of their office.” The order
The order of the court below quashing the attachment is reversed, and the attachment is reinstated, the costs on this appeal to be paid by the appellee.