Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1873-11-28

| SEC. .. The said courts In the counties of Phi
ladelphia and Allegheny respectively, shall .rror
time to time, detail one or more of their Judge.
to hold the courts of Oyer and Terminer. and III,
courts of Quarter Sessions of the Peace of snit
counties in such manner as may be directed b,
| law.
SEC. 0. Judges Of the Courts Of Common Plea,
learned In the law shall be judges of the court,
OF Oyer and Terminer, Quarter Sessions of Tho
Peace, and General Jail Delivery, and of the Or
phans' Court, and within their respective dis
tricts shall DO Justices of the peace as to crmna
matters.
SEC. 10. The Judges of the courts of Common
Pleas, within their respective Counties shall
have power to issue writs of cERrfo lRI to iusti
ces OF the peace, and other inferior courts not OF
record, aud TO cause their proceeding to be
brought before them aud right and justice to be
done. ..H
SEC. II. Except as otherwise provided In thi.
Constitution, justices of the peace or aldermen
shall be elected in the several wards, districts
| boroughs and townships ht the time of the cleo
ton 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 q
term OF i've years. No township, ward, district
or borough ehall elect more than two Justices OF
the peace or aldermen without the con sent of a
majority of the qualified electors within such
township, ward or borough no person shall be
elected to such office unless he shall have resided
within ths township, borough, ward or district
fol- one year next preceding his election. In ci-
ties containing over fifty thousand inhabitants
not more than one alderman shall be elected in
each ward or district
SEC. IL. In Philadelphia there shall be cstab.
lished, Tor each thirty thousand inhabitants, one
court not OF record, OF police and civil causes,
with jurisdiction not exceeding one hundred dot
lars such courts shall be held by magistrates
whose term of office shall be five years, and the '
shall be elected on general ticket by the qualified
voters at large and in the election of the said
magistrates no Voter shall vote for more than
two-thirds of .he number of persons TO be elect
ed, when more than one are to be chosen they
shall be compensated only by liked salaries, to be
paid by said county and shall exercise such ju-
risdiction, 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. 13. All fees, nnes and penalties in said
courts shall be paid into the county treasury.
SEC. H. In all cases of summary conviction in
this Commonwealth, or of judgment in suit for a
penalty before a 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.
SEC. 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 so long behave themselves
well but for any reasonable cause, which shall
not be sufficient ground for impeachment, the
Governor may remove any of them on the nd-
dress of twothirds vf each house of the General
Assembly.
SEC. IL. Whenever two judges of the Supreme
Court are to be chosen for the same term of ser
vice. ach voter shall vote for only, andlw hen
three are to be chosen, be shall vote for no more
than two; candidates highest in vote shall be
declared elected.
SEC II. Should any two or more judges OF
the supreme Court, or any two or more judges
OF the COert of Common Pleas for the same
district be elected at the same time, they shall,
as soon after the election AS convenient, east
lots Tor priority of commission, and certify tho
result to the Governor, who shall issue their
commissions in accordance herewith.
Sec IS. The judges of the Supreme Court
and the judges of the several courts of Common
Pleas, and all other judges required to be learned
III the law, shall, at stated times, receive for
their services an adequate compensation, which
shall be fixed by law, and paid by the State.
They shall receive no other compensation, fees,
or perQuisitcs of office for their services from
any source, nor hold any other office of profit
under the United States, this State, or any other
State.
SEC. 10. The judges of the Supreme Court,
during their continuance in Office, shall reside
within this Common wealth and the other
Judges, during their continuance in otiiU' shall
reside within the districts for which they shall
be respectively elected.
SEC. 20. The several courts of Common Pleas
besides the powers herein conferred, shall have
and exercise within their respective districts
subject to such changes as may be made by law,
such chancery powers as are now vested by law
in the several courts OF Common Pleas of this
Commonwealth, or as may hereafter be conferred
upon them by law.
SIC. II. No duties shall be imposed by law
upon the Supreme Court or any of the judges
thereof, except such as are judicial, nor shall
any of the judges thereof exercise any power
of appointment, except as herein provided. The
Court of Sisi Prius is hereby abolished, and no
court Of original jurisdiction TO be presided
over by any one or more of the judges of the
Supreme Court shall be established.
SEC. 22. In every county wherein the popula-
tiou shall exceed one hundred and fifty Ihousar. i.
the General Assembly shall, aud in any other
comfy may, establish n separate Orphans
Court, to consist of one or more Judges who
shall be learned In the law, which court shall
exercise oil the jurisdiction and powers now
vested in, or which may hereafter be conferred
upon, the Orphans Cou.ts, and thcreupon the
jurisdiction Of the judges of the Court of Com
mon Pleas within such county, in Orphans Court
proceedings, shall cease and determine /; in any
county in which separate Orphans Court shall
be established thu Register of Wills shall be
clerk of such court, and subject to its direction
in all matters pertaining to his office he may
appoint assistant clerks, but only with the con-
sent and approval of said court. All accounts
dlcd with him rs register or rs clerk of the said
separate Orphans Court shall he audited by the
court withoat expense to parties, except where
all parties in interest in Il pending proc seding
shall nominate an auditor whom the courl may,
in its discretion, appoint. In every county
orphaSs' courts shall possess all the powers and
jurisdiction Of Registers Court, aud separate
registers courts are hereby abolished.
SEC. %. The style Of all procsss shall be
"The Commonwealth Of ennsylvania." All
prosecutions shall Le carried ON In the name and
by the authority of the Commonw eath Of
Pennsylvania, and conclude against the peace
and dignity of the same.
SRC. "a In all eases OF felonlous homicide,
aud in such other criminal cases ~ may be pro-
yided for by law, the accused, after conviction
aud sentence. may remoSethe indictment. record,
and all proceedings to the Supreme Court for
review,
SEC. rs. Any vacancy happening by death,
resignation, or otherwise, in any court OF record,
shall be flied by appointment by the Governor,
to continue till the arst Monday of January
next succeeding the fret general election, which
shall occur three or more months after the hap
pening of such vacancy.
SEC. 26. All laws relating to courts shall be
general and of uniform operation, and the organ
ization, jurisdiction and powers of all courts of
the same class or grade, SO far regulated by
law, and the force and effect of the process and
Judgments of such courts shall be uniform and