The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1873-01-24

give i'rioWthe1 1uil text OF the Supplemental
Act Gn reference to the District Court at
Johnstown) soon To be presented TO the
Legislature for its action. Our opinion of
tins new bin is given at some length in one
OIL our editorial columns:
SUPPLEMENT TO an Act entitled An Act to
establish an additional Court in Cambria
county"
SECTION 1. BE ii enacted by the Senate and
House IF Representatives Of the Commonwealth
cf Pennsylvania, IN GeRe1ul assembly met, and
I At as hereby enacted by the d"uoTdty OF the
| same, That in addition TO the powers ana
! Jurisdiction granted in the third section OF
| the act to which this is supplement, the
I said District Court of Cambria county shall
have and exercise criminal jurisdiction in
all cases arising within the territorial limits
of said District which now triable in
the Courts of Oyer and Terminer of this
! commonwealth, with the exception of trea-
son and homicide {; and shall have general,
: exclusive and unlimited civil jurisdiction
! within the territorial limits of the said Dis
trict Court, in all cases in law and equity,
including libel III divorce, writs of iniuHc-
! ton, mandamus, quo warranto, habeas cor
pms, eIectInent and estrePtment; and shall
, have and exercise chanCery powers and jul
! risdiction, and the power 10 establish rules
! OF practice, as fully TO all intents and pur-
/ poses any Court in this Commonwealth,
and the proceedings, remedies, powers, plea
dingS, and costs in all CIScs, shall be the
same rs i'll the Courts of Quarter Sessions
and Common Pleas of Cambria County,
far as the same is not changed 10y the rules
of practice which may be established lay the
said District Court, and nything in the third
section of the act to which this is a supple
nent III conflict with the provisions of this
section is hereby repealed.
SEC. .. That all mechanics liens, and
also all judgments hereafter entered in the
said District Court according TO law, and all
transcripts of judgments of aldermen and
justices of the peace, residing within the said
district, when duly authenticated, entered
4
records of judgments Of any court of record !
within this CUmDo! wealth, when entered i'll
the said District Court, shall be lien on the
real estate of the defendant defendants,
lying and being within the territorial limits
of the jurisdiction of the said District Court;
and such real estate is hereby made liable to
execution and sale upon writs issuing out
of the said District Conrt, i'll like manner,
and with like effect As il the same were is
sued as heretofore cut of the Court of Com
mon Pleas of Cambria Comfy and all the
general laws OF this Commonwealth in rela-
ton to execution process, i'll the several
Courts OF Common Pleas, Ahali he in force i'll
relation 10 such process from the said Dis
triCt Court.
SEC. 3. That for the purpose of acquiring
n lien upon the real estate of the defendant,
or defendants, living and being outside the
limits and jurisdiction OF the said District
Court, and within the County of Cambria.
the plaintiff shall procure from the Clerk of
said Court an eXenipiitCaiion OF the record
tered or obtained, which eXemplifration
shall be entered in the Court OF Common
Pleas Of Cambria County, in the same man
ner and with like effect as in cases where
eNemplfiCations of the records uf the Courts
of the several counties of his Commonwealth
are now by law eut. red I'm H. Courts of conn
ties other than those in which said dsrIn"uts
were entered or obtained; and 1t shall he
lawf fT for the pl;,intifi plaintiffs in the
Judgment or Judgments 50 entered, 10 pro
Ccrd hy writ of execution process for the re
cOvery o. the debt, interest and costs, in the
same manner and with like effect, as If the
same had been originally entered and OBJ
tanned i'll the said Court of Common Pleas
or Cambria County: and the Proihonotary's
fees for entering rDd filing said eNrmplItica-
tionS shall be the same as Is now allowed by
law for similar services.
SEC. i. That the rroviso in the seventh
section of the act to which this is 4 supple
mcnt, viz: That the president judge of the
Twenty fourth Judicial District shall be the
prcsiden" judge This Courtaud the associate
Judges OF Tie courts OF Cambria County shall
he thc associate judges of this court" is
hereby repealed, and in lien thereof the pro-
visions OF the Constitution and general laws
OI this commonwealth, with respect TO the
appointment and the election o. president
and associate judges OF District Courts, and
other courts of record, are hereby made ap-
plicable TO thc appointment and election of
the president and associate Judges of this
Court, and ii is hereby provided that in the
event Of any vacancy occurring in the office
of President Judge of the sad District Court
or in that of either or both of the associate
Judges OF said District Court by death, res
Ignation, removal from office, the failure TO
elect, or otherwise, the Governor shall ap-
point some suitable person or persons to fill
any either of such vacancies, until the
fist NJ Jnday in December following the next
general election, and the qualified electors
residing within the jurisdiction of the said
District Court shall, at the first general cleo
ton, which shall happen more than three
calendar months after the vacancy shall Oc-
cur elect in accordance w III the provisions
OF the second section OF the fifth article of
The Constitution, and in the manner provided
10y the second and eighth sections of the act
of April II, 1851, and under the provisions of
the act OF April u, 1872, entitled, ''An act
relative to the elections OF iudg - a suitable
person persons To fill such OTce offices
for the full term autho orized by the Coustitu-
ton, that il, the Iresi lent Judge of said
Court to hold his office for the term of ten
years il he shall 50 long behave himself we'll
ahd the )Ciate Judge; OF SAID Court hold
7 their offices for the term of five years, II they
shall 50 long behave themselves well and
thai the salaries of the said judges shall ue
be provided for at each session Of the L"giS-
latUrc, ald be paid ut Of the State Treasury.
SEC. ;. That fr, m and after the passage
OF THIS act il shall ! e the duty of the Cover
nor 10 appoint Il suitable parson to act rs
Clerk Of the said District Court, who shall
be qualified electoc and resident within
said district, and who shall be commissioned
10 uOIu MS ONCE untll tilr Isl holi'ldS vi De
cember next, and until his successor Is duly
/ qualified. Before entering upon the duties of
his office he shall make oath or affirmation
/ to support the Constitution of the United
States and of this Commonwealth, and to
/ perform the duties of his office with fidelity;
/ he shall also, with one or more sufficient Su-
| reties, to be approved by any two OF the Judg
/ es of the said District Court, and also by the
Governor, give Il joint and se"eral bond to
/ the Common wealth i'll such sum as the
/ Governor shall Judge sufficient. with cOudl-
/ uOns faithfully u execute The duties of said
! office, and we'll and trnly to account for and
/ pay according to law all monies which shall
! be received Icy him in his official capacity,
and to deliver the books, seals, records, writ
/ ings and papers belonging to his office, whole
/ and undefaced, to his successor therein; and
/ tine SAID Clerk shall have and exercise in the
] said Dlstrict Court. all the poMers and du-