The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1904-03-16
About Associate Judges.


which was replete with instruction and
interest both in legal and historical point
of view. Afterward thinking of associate
judges, 1 noted for several years whatever
could find about their duties and powers,
as knew they were considered by many
well Informed people, as of little value to
the public, but have found this TO be q
grand mistake finding that they are Of
more use to the people in vacation, when
there is no court than they are during the
sittings of the court
Out of the 81 judicial districts in the state
only seven have associate judges any more,
Forest county being in the S7th district.
Their duties when there is no court in
session, are many, and their powers multi
farious, as will be seen by the following
brief synopsis, under rules of court as fol-
lows:
Rule. g empowers them on cause shown,
in vacation, to enlarge the time for filing
affidavits of defense in all acon of assump-
sit and Scire Facias on mortgages and judg-
ments, Rule 8, TO approve bail on attach
ment cases, and stay of execution on notice
and application. By rule IA, Sec. and 8,
to grant an allocatur or allowance, requir-
ing bail in any case, and by Sec. s, to ap.
prove of bail which has been substituted or
justified and administer oaths. BY rule II,
to stay proceedings by special order, on
cause shown, on the appeal from the taxa
tion of costs, and to shorten or extend the
time for the taking Of evidence or deposit
tions. In divorce cases to grant leaye to
attorneys to issue subpoeuas and papers.
But the most important of all is under
rule %, on stay of executions, to prevent
oppression or correct mistakes or frauds, on
application to suspend any writ in the
hands of the Sheriff on reasonable notice
until the next Court when the case can be
heard by full bench. Under rule %, as
sociate judges have power on cause shown
to both enlarge the time for pleading or fil-
ing specifications. Under the Habeas Cor
pus act, have full power at chambers to
grant relief, remand to Jail, reduce excess
sive bail or discharge from Imprisonment.
Also under act of Assembly to set or fix
bail in criminal cases where justices have
no jurisdiction. By act OF 1887, P. laws 1893,
to approve bonds under the fraudulent
debtors act and grant relief. Again where
the body of a citizen is seized by a tax col
lector, by virtue of his warrant, for the non
payment of tax, and claims irregularity or
oppression, he may apply for relief to an as
ssociate judge in vacation, by staying the
collection of the tax upon his giving bond
until the matter can be determined by the
Court.
An associate Judge has power to grant
permission to attorney or holder of a judg-
ment note over 10 years old for leave to is
sue on said note upon affidavit before him
that the maker is still living and the note
unpaid. An associate judge under the Price
Act, 18th April, 1858, relating to private
sales of real estate, both in the Orphans
and G. P. Courts, is competent TO take af-
hdavits, grant orders, ETC., concerning the
same, as are necessary in vacation,
Under Act %, June, 1895, P. L 230, an
associate judge can grant rules in vacation
to take depositions in other states, in the
same manner as if taken in this state, and
make orders shortening or lengthening the
time. By act >, May 1890, can approve
railroad and corporation bonds in vacation.
By act of 23d of March, 1876, can appoint
policemen for camp meetings.
By act of II April, 1876, may grant and
allow an appeal in all cases of summary
convictions before justices. First Pur., 49,,
an associate judge may appoint two ap-
praisers in cases of insolvency and perform
other duties under assignment for benefit of
Creditors Act. An associate Judge in va
cation can allow appeal from judgment of
justice of the peace for penalty under
Pure Food law, or fish law acts or the like.
Ia Pa, Reps 80. An associate Judge can
approve all assignees bonds, under act of
1883, Pur l44, n. An associate judge has
and determine cases of persons frequently
intoxicated within six months and consign
them to an inebrate asylum or the Work
House for period not less than three or
more than nine months Under Act llth of
March, 1896, Sec. 3, an associate judge can
approve judgments in default of appear
ance and affidavits of defense, and actions
of partition.
1t is also worthy of mention that an as
sociate jud ye is "free horse" in the &C
acknowledgement of deeds, mortgages, leases
and the like.
Under the new replevin act of 1908, P. L
40 and Al, the duties of an associate are
quite important 1t provides the Court or
judge thereof, at chambers in vacation may
allow and grant longer time than u hours
in which to file and perfect counter bond
by the defendant, and End, the judge may
on motion increase the plaintiffs 8 bond,
and alter the amount of bail if he considers
it insufficient etc.
These are only some of the numerous
powers of an associate judge in vacation.
His duties on the bench are of minor i'm
portance as compared with those in vaca-
ton, such as advising the President Judge
of petitions for roads, election places, liquor
licenses, appointment of township officers
to fill vacancies and other minor matters,
merely advisory.
While the associate judge is not generally
learned in the law, in questions of doubt in
vacation he can always consult an Anxious
Curia, or friend of the Court, who is some
lawyer not interested in the case, who
freely and cheerfully advises him and does
not dare to give him false counsel.