Commonwealth v. Allentown Trust Co.

Reno, J.,

Defendant is surety upon the official bond of the Clerk of the Court of Quarter Sessions, who assumed office on the first Monday of January, 1918, whereby the Commonwealth was indemnified against *642defaults, inter alia, of “all moneys which shall be received by him in his official capacity.” Thereafter there was enacted the legislation (Acts of May 1, 1919, P. L. 102, and May 12, 1921, P. L. 548) authorizing the Clerk to accept cash in lieu of the usual recognizances with sureties, and on June 30, 1921, use-plaintiff deposited $500 with the Clerk, conditioned for the appearance of…