Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1873-12-05

courts of Quarter Sessions Of the Peace of said
counties in such manner rs may be directed by
law.
SEC. 0. Judges Of the Courts Of Common Pleas
learned In the law shall be judges Of the courts
of Oyer and Terminer, Quarter Sessions of tho
Peace, and General Jail Delivery, and of the Or
phaus' Court, and within their respective dis
trcts shall be justices Of the peace to criminal
mntters.
SEC. 10. The Judges Of the courts Of Common
Pleas, within their respective counties, shall
have power to issue writs of CERTfoRARI to justi-
ces of the peace and other inferior courts not of
record, aud to cause their proceeding to te
brought before them aud right and justice to be
done.
SIC. II. Except as otherwise provided In this
Constitution, justices of the peace or aldermen
shall be elected in the several wards, districts,
horoughs aud townships at the time of the elec-
tion of constable, by the qualified electors there
of, in such manner shall be directed by Law,
and shall be commissioned by the Governor for
term Of five years. No township, ward, district
or borough shall elect more than two Justices of
the peace or aldermen without the consent Of n
aiority of the qualified electors within such
township, ward or borough no person shalt be
elected to such Office unless he shall have resided
within the township, borough, ward or district
foi enc year next preceding his election III 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-
court not of record, of police and civil causes,
with jurisdiction not exceeding one hundred dol
lars; such courts shall be held by magist rates
whose term of Office shall be five years. and they
shall be elected on general ticket by the qualified
voters at large and in the election of the said
magistrates no vJtcr shall vote for more than
two-thirds Of :he number of persons TO be elect
ed, when more than Que are to be chosen they
shall be compensated only by fixed salaries, to be
paid by said county and shall exercise such ju-
,ia "A niy and ip.l h.,ra;
provided, as is now exercised by aldermen, sub
ject to such changes, not involving an increase
Of civil jurisdiction comforting political duties,
may be made by law. In Philadelphia the
office of alderman is abolished.
SEC. 13. All fees, fines and penalties in said
courts shall be paid into the county treasury.
SEC. H. In all cases of summary conviction in
this Common wealth, or of judgment in suit for q
penalty before Il magistrate. or court not nf re;
cord either marty may appeal TO such cnurt OF
record ns may be prescribed by law, upon allow
nnce of the appellate court or judge thereof upon
cause shown.
sElC. Is. Al 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, and shall hold their offices Cor the period Of
ten years, If they shall so long behave themselves
well but for any reasonable cause, which shall
not bc sufficient ground for Impeachment, the
Governor may remove any OF them OH the ad-
dress of two third. Of each house of the General
Assembly.
SEC. 10. Whenever .wo judges Of The Supreme
Court are to he chosen for the same term of
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 judge, OF
the Supreme Court, or any two or more judges
of tho Court of Common Pleas for the same
district be elected ut the same time, they shall,
as soon after the election as convenient, cast
lots for priority of commission, and certify the
result to the Governor, who shall ISSUE their
commissions in accordance Herewith.
SEC. Is. The judges of the supreme Court
ard the Judges of the several courts of Common
Pleas, and all other Judges required be learned
in the law, shall, ut 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 perquistes 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.
SIC. 10. The Judges of the Supreme Court,
during their continuance in office, shall reside
within this Commonwealth and the other
judges, during their continuance In office, 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 chanccry powers as are now vested by law
in the several courts of Common Pleas of this
Commonwealth, oil as may hereafter be conferred
upon them by law.
SIC. 81 No duties shall be imposed by law
upon the Supreme Court or any of the Judges
thereof, except such rs are judicial, nor shall
any of the Judges thereof exercise any power
of appointment, except as herein provided. The
Court of Nisi 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 Coart shall be established
SEC. %. In every county wherein the popula-
ton shall exceed one hundred and tittythousanG
the General Assembly snail, and in any other
county may. establish = separate Orphans
Court, to consist of one or mere judges who
! shall be learned in the lHw, which court shall
exercise all the jurisdiction and powers now
vested in, or which may hercnfjC be conferred
upon. the Orphans Courts. and thcreupOn the
jurisdiction Of the judges of the Court of Conf
mon Pleas within such county, In Orphans Court
proceedings, shall ccnEe and determine in any
county in which a separate Orphans Court shall
be established the Register of Wills shall be
clerk Of such court, aud subject To its direction
! in all matters pertaining to his office he may
appoint assistant clerks, but only with the con-
scut and approval of said court. All accounts
filed with him rs register as clerk of the said
separate Orphans Court shall be audited by the
court without expense To parties, except where
all parties In Interest In a pending proc eeaiug
shall nominate an auditor whom the courl may,
IN its discretion, appoint. In every county
orphans courts shall possess all the powers and
Jurisdiction Of n Registers Court, ana separate
registers courts are hereby abolished.
SEC. %. The style of all process shall be
! "The Commonwealth of Pennsylvania" All
prosecutions shall be- carried on In the name and
10y The authority Of the Commonwealth Of
Pennsylvania, and conclude against the peace
aud dignity of the same.
SEC. "a. In all cases Of :elonious homicide,
ana In such O.hrr criminal cases as may be pro-
! vided for by law, the accused, after conviction
and sentence, may remoyrthe indictment. record,
and all proceedings to the Supreme Count for
review.
SIC -. Any vacancy happening by death,
resignation, otherwise, in any court of record,
( shall be flied by appointment by the Governor,
to continue iii the first Monday Of January
next succeeding the first general election. which
! shalt occur three or more months aftcr the hap
/ pening of such vacancy.
| SEc. 20. All laws relating 10 courts shall be
/ general and of uniform operation, aud the organ
| zation, jurisdiction and powers of all courts of
| the same class or grade, far as regnlst ted by
| law, ani the force aud effect OF the process and
| judgments of such courts shalLbc uniform and
! the General Assembly is hereby prohibited from
/ creating other courts to exercise the powers
vested by this constitution ipthe judges of the
/ courts of common pleas and orphans cours.