Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1873-12-12


courts of Quarter Sessions of the Peace of said
counties in such manner ss may be directed by
law.
SEC. 0. Judges OF the Courts OF Common Pleas
learned in the law shall be judges of the court 5
of Oyer and Terminer, Quarter Sessions of the
Peace, and General Jail Delivery, and of the Or
phans' Court, and within their respective dis
trcts shall be justices of the peace as to criminal
matters.
SEC. 10. The Judges of the courts Of Common
Pleas, within their respective counties, shall
have power to issue writs OF CERTroRARI 10 1usti-
ces of the peace, and other inferior courts not of
record, aud to cause their proceeding to be
brought before them and right and justice to be
done.
SEC. IL. Except as otherwise provided In this
Constitution, justices of the peace or aldermen
shall he elected in the several wards, districts
boroughs and townships at the time Of the elec.
tion Of constable, by the qualified electors there
of, in such manner as shall be directed by law,
and shall be commissioned by the Governor for a
term Of Ave years. No township, ward, district
or borough shall elect more than two justices of
the peace or aldermen without the consent of
majority OF the qualified electors within such
township, ward or borough no person shall he
elected to such Office unless he shall have resided
within the township, borough, ward OF district
foi one year next preceding his election In ci-
ties containing over fifty thousand In habitauts
not more than one alderman shall be elected In
each ward or district
SEC. 1:. In Philadelphia there shall be estab-
lished, tor each thirty thousand inhabitants ou e
court not of record, of police and civil causes
with Jurisdiction not exceeding one hundred dot
lars; such courts shall be held by ina agistrates
whose term of office shall be I've years and they
shall be elected on general ticket by the qualified
voters at large and in the election OF the said
magistrates no vpter shall vote for more than
two-thirds of The number Of persons to be elect
ed, when more than one are to be chosen they
shall be compensated only by ayed salaries, to be
paid by said county and shall exercise such ju-
risdictiou, civil and criminal, except as herein
provided, as Is now exercised by aldermen sub.
ject to such changes, not involving an increase
Of civil jurisdiction or comforting political duties
AS may be made by law. In PHILADELPHIA the
office of alderman is abolished.
SEC. IL. All fees, tines and penalties in said
courts shall be paid into the county treasury.
SEC. IA. In all cases of summary conviction In
this Commonwealth, or Of judgment In suit for n
penalty before magistrate, or court not of re-
cord, either party may appeal to such court of
record as may be prescribed by law, upon allow
ance of the appellate court or judge thereof upon
cause shown.
sBlc. IS. All judges required to be learned In
the law, except the Judges of the Supreme Court
shall be elected by the qualified electors of the
respective districts over which they are to pre-
side, aud shall hold their offices for the period Of
ten years If they shall 80 long behave themselves
well but for any reasonable cause, which shall
not be suriicient ground for Impeachment, the
Governor may remove any of them on the ad-
Assembly.
SEC. 16. Whenever two judges Of the Supreme
Court are to be chosen for the same term OF ser.
vice, each voter shall vote for one only and when
three are to be chosen, he shall vote for no more
than two; candidates highest in vote shall be
declared elected.
SIC. II. Should any two or more Judges OF
the Supreme Court, or any two or more Judges
of the Court of Common Pleas for the same
district be elected at the same time, they shall
n m AZ
lots for priority Of commission, aid certify the
result to the Governor, who shall Issue their
commissions in accordance Herewith.
SEC. IS. The Judges of the Supreme Court
aud the Judges of the several courts of Common
Pleas, and all other judges required to be learned
~ the law, shall, at stated times, receive i"r
lheiI services an adequate compensati3n.: SIT
Th"r 1Hai be snt hTea by law 5tRsr ape Wy
D. ,P Pf mold any other office of profit
lnder the United States, this State, or any other
State.
SIC. 49, The judges of the Supreme Court.
Turing their continuance in office, shall reside
within this Commonwealth and the other
Judges, during their continuance in office shall
esidc within the districts for which they shall
&c respectively elected.
SEC. 20. The several courts of Common Pleas
esdes the powers herein conferred, shall have
nd exercise within their respective districts,
ubject to such changes as may be made by law, |
uch chanccry powers as Are now vested BY law
n the several courts of Common Pleas of this
OF as may hereafter be conferred
pOn them by law.
SEC. 2l. No duties shall be imposed by law
pom The Supreme Court or any Of the Judges
hereof except such as are judicial, nor shall
ny of the Judges thereof exercise any power
{ appointment, except as herein provided. The
'ourt of Nisi Prius is hereby abolished, and no
ourt of original Jurisdiction to be presided
yer by any one or more of the judges of the
upreme Court shall be established
SEC. 22 In every county wherein the popula-
ion shall exceed one hundred and ilftythousanG
he General Assembly snail, and in any other
01nty may, establish a separate Orphane'
ouTt, TO consist OF one or more Judges who
hall be learned in the law, which court shall
Iercise all the Jurisdiction and powers now
ested in, or which may heres fer he onrerred
pom, the Orphans Courts. and thcreupon the
of the Judges of the Court of Com
ION Pleas wit such county, in Orphans Court
roceedlngs, shall cease and determine in any
)unty In which separate Orphans Court shall
e established the Register Of Wills shall be
erk of such court, and subject to its direction
all matters pertaining to his office he may
ppoint assistant clerks, but only with the con-
mt aud approval of said court. All accounts
led with him rs register or as clerk of the said
,pamie Orphans Court shall be audited by the
1urt without expense TO parties, eXcep; where
i parties in Interest In pending proc eedng
lall nominate an auditor whom the court may
its discretion, appoint. In every county
rphass' courts shall possess all the powers and
of a Registers Court, ana separate
gisters' courts are hereby abolished.
SEC. 23. The style OF all process shall be
The Commonwealth of Pennsylvania" All
resolutions shall be carried on In the name aud
y the authority Of the Commonwealth of
aud conclude against the peace
nd dignity of the same.
SEC. ~. In all cases Of selouious homicide,
nd In such other criminal cases as may be pro-
ded for by law, the accused, after conviction
nd sentence, may remove the indictment. record,
nd all proceedings to the Supreme Court for
view.
SEC IS. Any vacancy happening by death,
or otherwise, in any court of record,
lsll be flied by appointment by the Governor,
continue Till the fret Monday of January
ext succeeding The arst general election, which
lsll occur three or more months after the hap
sning of such vacancy.
SIC. 26. All laws relating 10 courts shall be
neral and Of uniform operation, and the organ
alton, jurisdiction and powers of all courts of
lie same class or grade, SO far as regulated by
w, and the force aud effect Of the process and
dgments of such courts shall he uniform and
e General Assembly ia hereby prohibited from
eating other courts to exercise the powers
,sted by this constitution In the judges of the
'urts of common pleas and orphans cours.
SEC. 27. The parties, by agreement filed, may,
any civil case, dispense with trial by jury, and
bmit the decision OF such case To tie court