The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1873-11-20

and where corporation is party defended of habeas
and of QUO wARRANTo as to ali officers ofthe Com
monweath whose jurisdiction extends over the State
they shall have appellate jurisdiction by
TIoRARf writ OF errsr in all casos as cow or may
hereafter DO provided by law.
Sea- Until otherwise directed by law the courts
of common pleas shall continue present estab-
counties shall at any time be included in one judicial
district organized for said courts
SEC 5. whenever county shall contain forty
thousand inhabitants it shall constitute n seperate
judicial district and shall elect judge learned in
judges a. the o the sd drcs
may require Cou.tiss containing population less
be formed into convenient single districts or fnece
may be attached to contiguous districts the
cace judge, not learned in the law, is abolished in
counte, forming ssperate Districts but the several
be adopted shall serve for their unexpired terms.
Src. 6. In the counties of Philadelphia and Allie
ghen, all the Jurisdiction and powers now vested in
the District Oours and Courts Of Comn Pleas sub
70 sach changes as may be made by this eensttu
and In Allegheny in two distinct and separate courts
judges each the said courts in Phsdelphia shall be
designated respectively the court of Common Pleas
four, and in Allegheny as the Court of Common
Pleas nun Der one and number Two, but the number
time and shall be in like designated by sue
cessive numbers the number of judges in any ofsaid
an additional court may be authorized by law NAV be
increased from time TO time; and whenever such in
crease
Judges shall compose distinct and 5eperate court as
which shall be numbered aforesaid. In
all suits shall be instituted in the said
Courts of Common Pleas, without designating the
number of said court, and the several courts shall
such manner as Shall be provided by rules of court
and each court to which any suit shall be thus
jec change of venue, snail be provided by law
In Allegheny each court shall have exclusive juris
diction of all proceedings at law and in equity CON-
menced therein, subject to change of venue as may
be provided by law
office, and one frohonotary for all said
courts to be appointed by the Judges of said courts
by joritv of said Judges the said Prothonotary
shall appoint such assistants be necessary and
81 all receive fixed salaries be determined by law
and paid by said county all fees collected in said Of
shall be paid by the Prothonotary into
the county treasury Each court shall have its sepa
shall contain the judgments and liens of ali the said
courts, as is or may be directed by law.
SEC The said courts in the counties of Phiadel-
phia and Allegeny respectively shall from time to
time in turn detail one or more OF their Judges to hold
the courts of Oyer and Terminer and the courts of
Quarter Sessions of the Peace of said counties such
manner as may be directed by law.
oEo. Judges Oh tne CouTts vi Somihon fIease
learned In the law shall be Judges of the courts OF Oyer
and Terminer uarter Sessions of the Peace and Gen
eraI Jail Delivery, and of the Orphans Court, and
within respective districts shall be justices of the
peace as 10 criminal matters.
SEC. TO- The Judges of the courts OF Commonplace
within their respective counties shall have power TO
issue writs of CERToRAR to justices OF the and
other inferior courts not OF record and to cause their
proceeding to be brought before them and right and
justice to be done.
tuition justices of the peace aldermen shall be elected
in wards districts boroughs snd townships
the time ofthe election of constabes by the quail
ned electors thereof in such manner as shall be direc
ted by law, and shall be commissioned by the Cover
nor for a term of five years. No township ward dis
trct borough shall elect moro than two justices OF
the peace aldermen without the consent of
jority the qualified electors within such township,
ward borough no person shall bo elected to sucn
Office unless he shall have resided within the town
ship Borough ward district for year next pre-
cedng his election. In cities containing over hfty
Thousand Inhabitants, not more than one alderman
shall be elected in each ward or district
SEC. H. In Philadephis there shah be established.
for each thirty thousand pha bitant court OF
record police and civil causes with jurisdiction net
exceeding hundred dollars such courts shall be
held by magistrates whose term of office shall be five
years and they shall be elected general ticket by
qualified voters at large and in the election of the
said magistrates voter shall vote for more than
twehrds OF enumber of persons to be elected wnen
more than one are be chosen they shall be COM
only by fixed salaries to be paid by said coun
and shall exercise such jurisdiction, civil and GRIM
inaI except herein provided is exercised by
aldermen subject to such changes, not involving
increase of civil jurisdiction or conlerrlng poltlcal
duties, may be made by law. In philadelphia the
office OF alderman is abolished.
SEC i3 All fees, fines and penalties in said courts
shall be paid into the county treasury.
SIC ii. In Ill cases of summary conviction in this
Common wealth, or ofJudgment in suit for penalty
before agistratc court not of record either par
" may appeal such of record may be pre-
;bed by law, upon allowance of the appellate court
Sec Is All Judges required to be learned in the law,
except the Judges of the Supreme Court shall be cleo
ted by qualified electors of the respective districts
over which they preside and shall held their Of
fees the period of ten years ii they shall so long
behave themselves we but for any reasonable cause
which shall not be sufficient ground for impeachment.
Governor may remove any of them on the address
of twotirds of each house of the General Assembly
SEC. l6. Whenever two judges of the Supreme Court
be chosen for the samo term of service each vo
shall vote for one only and when three are To be
chosen he shall vote for no more than two; candi-
dates highest in voto shall be declared elected
SIC. II. Should any two or moro judges OF the Su-
preme Court or any judges OF tho Court OF
common Pleas for the same district be elected at the
cast lots for priority of commission ami
certify the 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 tCommon Pleas, ana
all other Judges required to be learned in the law
shall stated times receive for their services an sd
equate compensation which shall be hxed oy law ana
pensaton, fees or perqusites OF office for their ser
vices from source nor hold any other oce OF pro
fit under the United States, this State or any other
state.
SEC. 10 The judges of the supreme Court, during
their continuance Office, shall reside within this
monwealth and the other Judges, during their
continuance in otee shall reside within the districts
for which they shall be respectively elected.
SEC. ~. The several Courts of Common Pleas be-
sides the powers herein conferred shall have and eX-
sueh changes as NAV be made py law, such chancery
powers now vested by law in the several o0ur
of Common Pleas of this Commonwealth or as may
hereafter be conferred upon them by law -, .
sBc. 81 No duties shall be imposed by law upon Is
sach as arc judicial nor shall any of the judges there
o se sny mower of appointment except as here
in nrovided The Court OF Nis Prius is hereby abol-
shed and no original Jurisdiction to be presided over
by any one or more Judges OF the Supreme Court
shall Do established.
SEC % In every county wherein the population
shall exceed one hundred and nifty thousand the
General Assembly skall, and in any other county
may establish a separate Orphans Court, to con
sis of one Judges who shall be learned In tho
law which court shall else all the jurisdiction and
powers vestedin which, may hereafter be cou-
ierred upon, the Orphans Cou't and thereupon the
jurisdiction OF the judges OF the Court OF Common
Pleas within such eounty in Orphans Court proceed
ngs, shall cease and dstermine In any county IN ia
which separate Orphans Court shall be estabushed
the Register of Wills shall be clerk of such Court and
subject to its direction in all matters Pertainins 70
with the consent ard approval OF sail court All &c
counts filed with him register or as clerk o the
said separate Orphans Court shall be audited
by the Court without expense to parties, except
where all parties in interest in pending proceeding