Legal Opinion

Prior v. Craig

Supreme Court of Pennsylvania

Decided January 4, 1819PublishedCited by 2 opinions

In Error. ERROR to the Court of Common Pleas of Northamption county. This was an action of debt, brought before a justice of the peace of Northampton county, by John Prior against Thomas Craig, a justice of the peace of that county, to recover the penalty of § 50, imposed by the 6tb section of the act of as sembly, passed the 28th March, 1814, (Purd.

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In Error. ERROR to the Court of Common Pleas of Northamption county. This was an action of debt, brought before a justice of the peace of Northampton county, by John Prior against Thomas Craig, a justice of the peace of that county, to recover the penalty of § 50, imposed by the 6tb section of the act of as sembly, passed the 28th March, 1814, (Purd. Dig. 223.) on any officer who should demand and receive illegal fees, (a) and was removed by appeal into the Court of Common Pleas. On the trial in the Court below, after the plaintiff had gone through his evidence, the defendant objected, that…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson J.

There can be no pretence that the act of 1814, on which this action is founded, was intended to dispense with any provision of the act of 1772. It is true, the legislature did not mean to give a particular exemption to any class of officers embraced by the fee-bill; but it did not mean to take away any protection before enjoyed: it left the matter as it found it. The act of 1772 is a remedial law, general in its provisions, and not confined to actions that might arise under the laws existing at the time of its enactment: it is beneficial, and…

2Cited by2 opinions

  1. Wise v. WillsSupreme Court of Pennsylvania · 1828
  2. Allen v. ReesorSupreme Court of Pennsylvania · 1827

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