The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1874-06-05
IN Important Lac.

The following act was passed by the
last Legislature of this State, and having
been approved by the Governor, is there
fore law. 1t contemplates a most radical
and important change in the old and well
established practice in this State Of irving
causes in courts by jury OF tt5eLce men
There have been of late years so many
singular and doubtful experiments made
in the law OF trying criminal as well as
civil cases, that the people have become
perfectly bewidered and thrown out of
their usual latitude. Whether this change
will prove to be beneficial or otherwise, we
will, without one word of comment, sub
nit to the calm and impartial judgment
of the suitors Of this county. At best it is
but an experiment and in order to test it's
virtue and efficiency, as well as its salts
factory application to the trial of civil
cases, it must be tested by political expert
ence. The law is as follows:
SECTION l. BE It enacted, etc., That in any
civil case now pending in any of the courts
of this Commonwealth, or hereafter to be
commenced, after issue joined the parties
thereto, excepting those acting in a fiduCiary
y,
proper Office where such suit Is pending,
dispense with trial by jury, and submit The
decision or suCh cases TO the courts having
jurisdiction thereof, and such court shall
hear and determine tie same, and the iUdg-
mcut thereon shall be subject to writ OF cr-
ror or of appeal as in other cases at law or
in equity, ut the option OF either party.
SEC. :. The decision of the court shall be
IN writing, stating separately and distinctly
the facts found, the answers to any points
in writing by counsel, and the conclusions
OF the law, and shall be filed III the Office of
the prOthouotary OF clerk Of the proper court
where the case is pending rs early - practi-
caOte, not crCec3iHg St.ty days after such de-
cisiOn shall have been made from the terlni-
nation of the trial and notice thereof shall
be forthwith given by the prothouotary or
clerk to the parties or their attorneys, and il
no exceptions thereto are filed in the proper
Office within thirty VS. after service of such
notice, judgment shall he entered thereon
by the prothOnotary or clerk ii exceptions
to the findings of facts or conclusions of law
be flea within said thirty days the court or
the judge thereof who tried the case in va
cation may, upon argument, order judgment
70 be entered according 10 the decision pre-
ViOusly filed, or make such notifications
thereof as IN justice and right shall seem
proper, subject always, nevertheless to re-
view by writ of error or appeal in the SUI
preme Court, such writ OF error or appeal to
De taken in the time and manner and wi
the effect prescribed by law.
SEC. 3. Every such case taken to the SUI
preme Court upon writ OF error shall be
heard and determined therein as writs OF
error and therein heard and determined, and
every such case taken to the Supreme Cour
by appeal shall be heard and determined
therein as cases of appeal in equity proceed
I Ings, and in case Il new trial is ordered i
shall be proceeded with before the same
! court in the same manner as Lereiubeforl
provided for.
SEC. 4. An agreement to submit under
this act shall be a waiverof the right OF tria
/ by jury.
SEC. >. Cases submitted under the provi
sions Of this act shall be subject to existing
law as to costs, except no jury fee shall b,
required on entering Judgment.