Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1873-11-26

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shall DO adopted shall serve for their unexpiret
. terms.
sRo. 9. In the counties of Philadelphia and Al
lsgheny, all the jurisdiction and powers nov
vested In the District courts and courts of common
} pleas, subject to such changes as may be made b.
th Is constitution or by law, shall be In Philadei
phia vested In four, and in Allegheny In two dis
tinct and separate courts of equal and coordinate
Jurisdiction, composed Of three judges each; tn,
said courts In Philadelphia shall DO designated
respectively as the Court Of Common Pleas mum
Der one, number two, number three and number
four, and In Allegheny as the Court Of Common
Pleas number one and number two but the mum
bsr Of said courts may be by law increased, from
time 10 time, and shall be In like manner desg 4
mated by successive numbers; the number Of jud
ges in any OF said courts, or In any county wher,
tho establishment OF an additional court may b,
authorized by law, may be increased from tint
TO tiIns; and whenever such incre shall amour
In the whole to three, fuch three judges shalt com
lposs a distinct and separate court as aforesaid
n which shall be numbeIed q Aforesaid In Phil
ndsiphia all suits shall Be Instituted in the said
Courts Of Common Pleas without designating the
number Of said court, and the several courts shall
distribute and apportion the business among them
in such manner as shall be provided by rules oil
court. and each court to which any suit shall be
thus assigned shall have exclusive Jurisdiction
thereof, subject to change Of venue, as shall be
provided by law. In Allegheny each court shall
have exclusive jurisdiction Of all proceedings al
law and in equity commenced therein, subject to
| change Of venue as may be provided by law.
Sac. 7 For Philadelphia there shall be onepro-
thonotarys office, and one prothonotary for all
said courts, TO be appointed by the judges OF sal
courts, and to hold Office for thrse years. subject
to removal by majority Of the said judges; II Q
said Proihonotary shall appoint such assistants as
may be necessary and authorized by said courts,
and be and his assistants shall receive fixed sala.
| rios, to be determined by law and paid by said
county, all fees collected in said Office, except
such as may be by law due TO the Commonwealth,
shall be paid by the Proth onotary into the coun-
~ treasury. Each court shall have Its seperate
dockets, except the judgment docket which shall
contain the judgments and liens Of all said courts,
as ia or may bo directed BY law.
SEC The said Courts in the counties OF Phil
adelpbia and Allegheny respectively shall from
time to time, In turn detail one or more of heir
judges to hold the courts of Oyer and Terminer,
and tho courts Of Quarter Sessions Of tho Pence
Of said counties In such manner as may be direc-
| ted by law.
SEQ, . Judges of the courts or Common Pleas
learned in the Law shall be judges Of the courts
Of Oyer and Terminer, Quarter Sessions Of the
Peace and General Jail Delivery, and Of the Or
phans court, and within thei. respective dis
triots shall be justices Of the peace to criminal
matters
SEC, 10 The judges Of the courts Of Common
Pleas. within their respective counties shall have
power to issue writs Of cERrioRAE to justices Of
the poEcc and other inferior courts not Of record
and to cause their proceeding to be brought be-
fore them and right and justice to be done.
Sec IL, Except as otherwise provided in this
Constitution, justices Of the peace or aldermen
shall bo elected in the several wards, districts,
boroughs and townships at the time Of tho elec
tion Of constables by the qualified electors there
OF. In such manner as shail be directed by law,
and shall be commissioned by tho Governor for a
term Of five years. No township, ward, district
or borough shall elect moro than two justices o
tho peace or aldermen without the consent Of
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 tho township borough ward or district for
one yeas next preceding his election. In cities
containing over fifty thousand inhabitants, not
more than one alderman shall be elected In each
ward or district.
SEC. ~. In Philadelphia there shall be estab
lished, for each thirty thousand inhabitants, one
court not Of record of police and civil causes with
Jurisdiction not exceeding one hundred dollars ;
snch courts shall be held by magistrates whose
torn OF office shall be Eve years, and they shall
be elected on general ticket by the qualified vo-
ters Mt large; and In tho election Of the said
magistrates no voter shall vote for more than two
thirds OF the number of persons TO be elected,
whom more than one are to be chosen; they shall
be compensated only by fixed salaries, to be paid
by said county; and shall exercise such jurisdiO-
ton, civil and criminal, except as herein provid
ed, m Is now exercised by aldermen, subject to
urisdiction or conferring political duties, as may
be made by law. In Philadelphia the Office Of
alderman Is abolished.
SEC ls. All fees, fines and penalties in said
courts shall be paid into the county treasury.
SEc. ~. In all cases of summary conviction In
this Commonwealth or OF judgment In suit for
penalty before a magistrate, or court not Of rec.
ord, either party may appeal to such court OF rec.
ord AZ may be prescribed by law, upon allowance
Of tho appellate court or judge thereof, upon
cause shown.
SEQ 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 tho
respective districts over which they are TO pre-
side and shall hold their Offices for tho period OF
ten years II they shall 30 long behave themselves
we'll but for any reasonable cause, which shall
not be sufficient ground for impench mont the Gov
ornor may remove any Of them on tho addrcss Of
two-thirds OF each house OF the Genl Assembly.
SIC ia. Whenever two judges Of the Supreme
Court are TO bo chosen for tho 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 ighes, In vote shall be de.
clared elected.
SEC. H. 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 by
elected at the same time they shall,as soon after
the election as convenient, cast lots for priority
Of commission, and certify the result to the Gov
ernor, who shall Issue their commissions In 40
cor dance Herewith.
SEC. IS The judges Of the Supreme Court and
the judges Of the several Courts Of Common Pleas,
and all other judges required 10 bo learned In tho
law, shalls at stated times, receive for their servi
ces an adequate compensation, which shall bo
fixed by law, and paid by the State. They shall
receive no other compensation, fees. or perquis
ties Of Office for their services from any source,
hold any other Office Of profit under the United
States, this State or any other State
SEQ. 10 The judges ofthe Supreme Courtdur-
ing their continuance in oice, shall reside within
this Commonwealth and the 9th or judges during
their ontinupnce in Office shall reside with In the
districts for which thoy shall be respectively
elected.
Sac. 20. The several Courts Of Common Pleas.
besides the power herein conferred shall have and
exercise within their respective districts, subject
to such changes as may be made by law ,ohancery
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.
SEC. 81. No duties shall be imposed by law up |
on the Supreme Court orany OF the judges there. |
Of, except such are judicial, nor shall az vi
the judges thereof exercise any rsw,r Of appoint
ment, except as herein provided Tho Court Of !
Nid Piius Is hereby abolished aud no court of
original jurisdiction, 10 be presided over by any
one or more Of the judges ol the Supreme Court
shall be established.
SEC. 22 Ir every county wherein the popula. !
tion shall exceed one hundred and fifty thousand |
-
may. establish a separate Orphans Court to con
slst Of one or more judges who shall be learned in
the law, which court shall exercise all the juris.
dicion and powers now vested 10, or which may
hereafter be conferred upon,th Orphans Courts.
and thereupon the Jurisdiction Of the judges Of
the Court Of Common Pleas within such county in
Orphans Court proceedings shall cease and deter.
mine In any county in which asoparate Orphans
Oouft shall DO established the Register OF Wills
,hall be clerk Of such Court and subject TO its d.
fccticn In all matters pertaining to his office he
nay appoint assistant clerks but only with the
consent and approval Of said court. All accounts
He'd with him as register or as clerk Of the said
eparato Orphans Court shall be audited by the
Court without expense to parties,except whore all
parties In interest in pending proceeding shall
nominate an auditor whom the court may, In its
discretion, appoint In every county Orphans
|ourts shall possess all the powers and jurisdic-
ion Of Registers Cortland separate Registers
'ourts are hereby abolished.
SEC. 30 The siylo Of all process shall be "The
Of Pennsylvania" All prosccu-
ions shall be carried on In the name and by the
uthoriiy Of the Commonwealth Of Pennsylva-
ia, and conclude against tho peace and dignity
{ the same
sEc. a. In all cases Of fe!onious homicide,
nd In such other criminal cases rs may bo pro-
ided for by law, the accused, aftor conviction
nd sentence. may remove tho indictment rc-
ord, and all proceedings to tho Supreme Court
or review.
src 25. ANY vacancy happening by death, ro-