« SebelumnyaLanjutkan »
14 Dec. 1563 $ 3. together with costs of advertising and sales, shall be held subject to the order of P, L. 1127.
the owner or owners of such property. 16 Dec. 1863 & 1. 9. It shall be lawful for drovers, owners or shippers of horses, cattle, sheep, hogs P. L. 1124 and other animals, upon the several railroads of this commonwealth, and they or
either of them, by themselves or their agents, shall have the right, at all seasonable Owners of cattle for transportation hours, to enter any of the stock or cattle-yards of any of said companies, used in may feed them. connection with said railroads, for the purpose of feeding and taking care of said And provide animals, while in said yards waiting transportation ; and when the cars have been bedding
designated by railroad companies, or their agents, to receive any of said animals for transportation on said roads, it shall be lawful, and the said drovers, owners or shippers of said animals, or their agents, shall have the right to provide suitable and customary bedding for the kind of animals to be transported, and place same in said cars, before said animals are put into the same for transportation : And provided, That said bedding shall be of the usual and customary kind used for that purpose, and shall not increase the risk or hazard of said companies in the said
transportation. 4 April 1869 $ 3.
10. It shall be lawful for such carrier or corporation to insure the lives and P. L. 58.
persons of passengers against loss or injury from accidental causes, and however
happening, while in their charge, and for that purpose, to issue and sell to such Carriers of passengers may insure passengers applying for the same, tickets of policies of insurance, specifying the against accident.
name of the insured, the premium charged, the particular trip or time covered by the policy, and the amount insured, not exceeding (except at the option of the said carrier or corporation) the sum of twenty-five dollars for each week of disability, for a period not longer than twenty-six weeks, in case of personal injury, nor more than ten thousand dollars in case of death; and all premiums so received shall be kept separate and apart from the other receipts of said carrier or corporation, and shall not be liable for any other claim, debt or demands against such carrier or corporation than those arising out of said policies; and the amount of said premium, and the securities in which the same are invested for the benefit and protection of such policy-holders, shall be reported to the auditor-general annually, as a part of the operations of such carrier or corporation, as is now provided for by the act, entitled " An act requiring railroad companies to make uniform reports to the auditor-general," approved the fourth day of April 1859 :(x) Provided, nevertheless, That it shall be lawful for any such carrier or corporation, in lieu of issuing tickets of insurance as aforesaid, to keep on sale at their ticket-office the policies of insurance or indemnity against personal injury or death resulting from accidental causes, issued by insurance companies incorporated for any such purposes, as shall have an actual bonâ fide cash capital, invested in securities approved by the governor, state treasurer and auditor-general of this commonwealth, of at least two hundred thousand dollars : Provided, That a recovery upon any policy issued or sold under the provisions of this act shall be no bar to a recovery under the
provisions of the second section of this act. 6 May 1874 $ 1. 11. If any person shall knowingly deliver, or cause to be delivered to any P. L. 121.
canal, railroad, steamboat or other transportation company, or to any person, firm Carriage of explo- or corporation engaged in the business of transportation, any nitro-glycerine, sive materials dualin, dynamite, gunpowder, mining or blasting powder, guncotton, phosphorus regulated.
or other explosive material adapted for blasting, or for any other purpose for which the articles before mentioned, or any of them, may be used, under any false or deceptive invoice or description, or without informing such person, firm or corporation, in writing, at or before the time when such delivery is made, of the true nature of such, and without having the keg, barrel, can or package containing the same plainly marked with the name of the explosive material therein contained, together with the word “ dangerous” article, such person shall be guilty
of a misdemeanor, and upon conviction thereof shall be sentenced to imprisonment Penalties. for thirty days, and to pay a fine of one hundred dollars; and shall be responsible
for all damages to persons or property, directly or indirectly resulting from the
explosion or combustion of any such article. Ibid. $ 2.
12. It shall and may be lawful for any officer or agent of any person, firm or
corporation engaged in the business of transportation, upon affidavit made of the Power to open
fact that any package tendered for transportation, not in compliance with the propackages.
visions of the first section hereof, is believed to contain explosive material such as
aforesaid, to require such package to be opened, and to refuse to receive any such Removal and sale. package unless such requirement be complied with; and if such package be
opened, and found to contain any explosive material, the said package and its contents shall be forthwith removed to any lawful place for the storing of gunpowder; and after conviction of the offender, or after three months from such removal, the said package, with its contents, shall be sold at public sale, after the expiration of ten days from notice of the time and place of such sale, published in one newspaper in the county where such seizure shall have been made; and the proceeds of such sale, after deducting therefrom the expenses of removal, storage, advertisement and sale, shall be paid into the treasury of the said county.
I. ORGANIZATION OF COURTS OF COMMON 57. President judges of the seventh and fiftieth PLEAS.
58. Repealing clause. 1. Courts of common pleas established.
59. Lebanon county constituted the fifty-first dis2. To consist of a president and two associate trict. judges.
60. Governor to appoint a president judge tempo3. The president, or any two of the judges, may rarily of the tisty-first district. Election authorized. hold the court.
61. Judges of the twelfth district to remain judges 4. Judges may hold separate courts in Philadel- of said district. Twelfth district entitled to two phia.
judges learned in the law. 5. Number of judges in the first district.
6. May hold separate courts, and grant relief on habeas corpus.
III. ELECTION OF JUDGES. 7. Courts to have a seal.
62. Conduct of election. 8. Prothonotary to be commissioned for each
63. Returns, in counties forming separate judicial court.
districts. 9. Separate courts may be held.
64. In districts composed of two or more counties. 10. Judges to perform judicial duties in other
65. Duties of return-judges. 11. President judge may procure the assistance of
66. Time for election in forty-sixth and fortylaw judge of other district.
seventh districts. 12. Both or either to transact all business.
67. Judges to hold court in transferred counties. 13. Duty of prothonotary when more than one 68. New districts having no judge. trial is going on at the same time.
69. Governor to issue commissions. 14. Compensation of judge called in.
70. Judges to fix terms of court. Publication.
71. President judge to continue in his old district. II. JUDICIAL DISTRICTS. 15. Composition of first five districts.
IV. ADDITIONAL LAW JUDGES. 16. Court number three established in Allegheny county.
72. Election of. 17. Three judges to be elected.
73. Qualifications. 18. Governor to appoint temporarily.
74. Powers, duties and compensation. 19. Repealing clause. 20. Composition of districts from sixth to eleventh.
V. TERMS OF THE SEVERAL COURTS. 21. Additional law judge authorized in the eleventh district.
75–141. Terms of the several courts of common 22. Election authorized.
pleas. 23. Governor to appoint temporarily.
142. Terms of two weeks may be abridged. 24. Composition of districts froin twelfth to four- 143. Terms may be enlarged. teenth
144. Courts may direct civil issues to be tried dur. 25. Additional law judge authorized in the four- ing the first week of the term. teenth district.
145. How venires to issue in such cases. 26. Powers of the judges in the civil court.
146. How venires to issue, when terms are en27. Powers in the criminal court.
larged. 28. Equal jurisdiction of the judges.
147. Adjourned courts may be held. 29. Governor to appoint temporarily.
148. To be ordered when the business of the courts 30. Residence of the judges.
requires it. 31. Composition of the fifteenth district.
149. All causes to have an opportunity of trial 32. Additional law judge authorized for the fif- within a year. teenth district. 33. Equal jurisdiction of the judges.
VI. OF SPECIAL COURTS OF COMMON PLEAS. 34. Reserve questions of law.
35. Election of additional law judge authorized. 150. Special court may be held, at request of deVacancies.
fendant where he is about to leave the country. 36. President judge in said district.
151. Defendant to give bail, in such cases. 37. Governor to appoint temporarily.
152. Extended to supreme court. 38. Composition of districts sixteenth to thirty- 153. Defendant to be allowed time to procure testi. eighth
mony. 39. Additional law judge authorized in the thirty- 154. In what cases, special courts may be held. eighth district.
155. Parties may waive their right to special court. 40. Either judge may hold civil court.
156. Proceedings where special court is necessary. 11. Either may hold criminal court.
157. Proceedings before such court to be of the 42. Equal jurisdiction of the judges.
same effect as if held before the president of the proper 43. Governor to appoint temporarily.
district. 41. Composition of districts thirty-ninth to forty- 158. Local provisions not to be repealed. fifth.
159. List of special court causes to be transmitted 45. Additional law judge authorized in the forty- to the nearest president judge competent to try them. fifth district.
160. When such president shall hold special court, 46. Election authorized.
the courts of his own district may be held by the judge 47. Governor to appoint temporarily.
whose place he supplies. 48. Composition of district forty-sixth to forty- 161. Either at the regular term, or at adjourned eighth.
court. 49. Additional law judge authorized for a single 162. Suits to be tried by the nearest disinterested term in the forty-eighth district.
judge. 50. Equal jurisdiction of the judges.
163. When president judges may hold courts out of 51. Reserve qnestions of law.
their districts. 52. Election authorized.
164. Their powers in such cases. 53. President judge.
165. Power to hold special courts extended. 54. Governor to appoint temporarily.
166. Powers of the judges. Executions regulated. 35. Composition of the forty-ninth district.
Power to make rules. 56. County of Lawrence constituted the (fiftieth) 167. Special courts for the trial of pending causes. district.
VII. JURISDICTION AND POWERS.
173. Power to make rules. One judge to have the
power heretofore had by two or more judges. 168. Jurisdiction. In Philadelphia.
174. May make rules as to return of writs. 169. Power to award process to levy fines, &c.
175. May grant citations and rules in vacation. 170. To establish rules of practice.
176. Judges authorized to employ stenographers, 171. Power to compel the attendance of witnesses. typewriters and clerks. 172. Courts may fix their own terms.
P. I.. $13.
To consist of a
hold the court.
separate court in
P. L. 675.
P. L. 79.
P. L. 344.
Courts to have a
I. Organization of the courts of common pleas. 14 April 1834 $ 18.
1. There shall be holden and kept, in every of the counties of this commonwealth, a court of record, the name and style whereof shall be “The Court of Common
Pleas of [the respective] county." Ibid. $ 19. 2. The courts of common pleas of the several counties of this commonwealth,
except the county of Philadelphia, are hereby declared to consist of a president president and two judge and two associate judges. associate judges.
3. The president and associate judges of the courts of common pleas, or any Ibid. $ 20.
two of them, or the presiding judge, in the absence of his associates, shall have President, or any power to hold the said courts and to hear and determine all causes, matters and two judges, may
things cognizable therein, according to the constitution, laws and usages of this
commonwealth. Ibid. & 21. 4. The president or the legal associate judge (judges) of the court of common
pleas of the county of Philadelphia, shall have power, from time to time, as may Judges may hold
be found requisite, to hold a court of common pleas, for the trial of civil issues Philadelphia, depending in such court, although two of the judges of the said court should be
holding, at the same time, [an orphans' court,] a court of quarter sessions, or a
court of common pleas. 5 April 1951 $ 13. 5. The judges of the first judicial district shall be one president and two asso
ciates, who shall be learned in the law.(y) 11 March 1836 $ 15. 6. Each of the said associate judges shall have power to hold a court of common
pleas, and to issue writ of habeas corpus and grant relief thereon. 1+ Ipril 1834 $ 22 7. Every court of common pleas shall have a seal for the use of said court, hav
ing engraven thereon such words and devices as are inscribed on the seal now in use in the respective court, and such seal may be renewed, under the direction of
such court, as often as occasion shall require. Ibid. $ 23. 8. A prothonotary or clerk shall be appointed and commissioned for each of the Prothonotary to be said courts; he shall have the custody of the records and seal of the respective court, comunissioned for and keep the same at the place of holding such court, and in the apartments pro
vided, by authority of law, for that purpose; and he shall faithfully perform, under
the direction of the court, all the duties appertaining to his office. 18 March 1875 $ 1. 9. In every judicial district of this commonwealth, in which more than one
judge learned in the law is now or hereafter shall be authorized to act, it shall be Separate courts lawful for the president judge and the additional law judge or judges of such dis
trict, sererally, to try causes on the same trial list, and with one and the same panel of jurors; or it shall be lawful for said judges, at the same time, to hold separate courts for the trial, hearing and disposition of causes in the common pleas, orphans' court, oyer and terminer, quarter sessions and in equity; and the courts of such districts may direct, at any term, separate venires to issue for a succeeding term or period for each branch thereof, in the manner provided by law for ordinary venires in the common pleas, and to regulate the trial list for said separate
courts, issue subpenas, and make all orders which may be judged necessary and Motions and argu- convenient. Motions, arguments and decrees may be made in either branch of
said courts, and the associate judges may sit in the same.
10. In all counties in which there are two or more courts of common pleas, the
judges of any of said courts shall, at the request of any of the other courts of Judges to perform common pleas of the same county, have full authority to perform any judicial judicial duties in
duty in such other courts, with the same effect as if they were members thereof: Compensation.
Provided, That nothing in this act shall be construed to entitle a judge so called
upon to act for another, to receive extra compensation therefor. 24 March 1857 $ 1.
11. Whenever in the opinion of the president judge of any of the courts, civil President judge
or criminal, of any judicial district of this commonwealth, the proper despatch of may procure the business in said courts shall require it, the said judge is authorized and empowered judge of other dis
to procure the assistance of any president judge, or additional law judge, of any other district in the commonwealth, to try or assist in the trial of civil or criminal
P. L. 25.
may be held.
9 March 1985.
P. L. 5.
P. L. 14.
assistance of law
(y) See Const. art. v. $ 6, as to the organization of and twenty-third districts; by act 12 March 1868, the courts of Philadelphia and Allegheny counties. P. L. 301, for the sixteenth district; by act 2 February By acts 13 April 1851, P. L. 369, and 25 March 1861, 1871, P. L. 1561, for the twenty-first district; by act P. L. 94, there is to be an associate judge, learned in 1 March 1870, P. L. 272, for the thirteenth district; by the law, for the court of common pleas of Lancaster act 9 April 187+, P. L. 55, for the second, eleventh, county. By act 17 April 1856, P. L. 395, an additional twelfth, seventeenth and twenty-fifth districts, rejudge learned in the law is to be elected for the courts spectively; by act 12 April 1873, P. L. 69, for the of the sixth judicial district; by act 27 March 186), nineteenth district; and by act 10 May 1881, P. L. 18, P. L. 791, a similar provision is made for the fourth for the third district. district; by act 15 April 1869, P. L. 970, for the seventh
cases and transaction of other business before the several courts of the said district 24 March 1887 $1.
P, L, 14. at any regular term, adjourned court, or in vacation
12. It shall be lawful for the president judge of the district calling in the assist Ibid. $ 2. ance of any judge, and the judge called upon to assist him, severally, to try the Both or
Both or either to cases on the same trial list at the same time, with one and the same panel of transact all busijurors, and transact any other business that may properly come before said court, ness. so that it shall be lawful for the said judges, or either of them separately and at the same term and time, to hold separate trials, or courts for trial, hearing and disposition of cases, or causes in the common pleas, orphans' court, oyer and terminer and general jail delivery, quarter sessions of the peace, and in equity; and the courts of such districts may, at any regular, special or adjourned term, direct sepa- And direct special rate venires to issue for a succeeding term, in the manner provided for by law for venires to issue. ordinary venires in the common pleas, and to regulate trial lists for said courts, And
And regulate trial
lists, issue subleissue subpænas, and make all orders, which may be judged necessary and con- nas, &c. venient. Motions, arguments and decrees may be made in each branch of said Validity of busicourts, with the same effect as if made in the court held by the president judge of ness so transacted. such district.
13. When more than one trial is going on at the same time, the prothonotary, Duties of prothonor clerk, or his deputy, shall keep the court minutes of the respective courts and otary when more
than one trial is record all proceeding in each case, in the same minute book of such court, precisely going on at the as if but one court is being held.
same time. 14. The said president or additional law judge, so called in, shall be entitled to Compensation of receive the sum of ten dollars for each day so employed outside of his district, and judge so called in, ten cents for each mile necessarily travelled in the performance of such duty, to be Mileage. paid in the same manner as judges are now by law paid : Provided, That the amount to be received by any judge, under the provisions of this act, shall not Amount limited, exceed the sum of five hundred dollars in any year.(2)
II. Judicial districts. 15. The judicial districts of the commonwealth shall be numbered, composed, 7 Aug. 1883 $ 1.
P. L. 1650, 323. designated, and shall each have the number of judges respectively, as follows:
The first district shall be composed of the city and county of Philadelphia, and 1st district. shall have twelve judges learned in the law in the common pleas, and three judges learned in the law in the orphans' court.
The second district, of the county of Lancaster, and shall have two judges learned 2d district. in the law.
The third district, of the county of Northampton, and shall have two judges 3d district. learned in the law.(a)
The fourth district, of the county of Tioga, and shall have one judge learned in 4th district. the law.
The fifth district, of the county of Allegheny, and shall have six judges learned 5th district. in the law in the common pleas, and two judges learned in the law in the orphans' court. 16. There shall be and hereby is established in the county of Allegheny, a dis- 12 May 1891 $ 1.
P. L. 51. tinct and separate court of common pleas, designated court of common pleas number three of Allegheny county, composed of three judges learned in the law, who Court of common shall hold office for the same term with like powers, duties, authority and compen- pleas No. 3 estabsation, and with like constitution, and equal and co-ordinate jurisdiction with ghen
gheny county. courts of common pleas number one and two of said county, and the judges thereof, respectively.
17. Three judges of said court of common pleas number three of Allegheny Ibid. $ 2. county, learned in the law, shall be elected by the duly qualified electors of said,
Three judges to be county at the next general election; one of said judges, to be designated as required elected! by the constitution of the commonwealth, shall be president judge of said court. Said judges shall be duly commissioned as judges aforesaid and shall enter upon the discharge of their duties, respectively, on the first Monday of January next following their election. The successors of said judges respectively shall be elected or appointed as required by law.
18. The governor is hereby authorized to appoint three competent persons, Ibid. $ 3. learned in the law as judges of said court until the first Monday of January suc
Governor to apceeding the next general election, one of whom shall be designated as president point tempojudge for said period.
rarily. 19. All acts or parts of acts inconsistent herewith are hereby repealed.
Ibid. $ 4. 20. The sixth district, of the county of Erie, and shall have one judge learned Repealing cause in the law.
7 Aug. 153 $1.
P. L. 158, 328. The seventh district, of the county of Bucks, and shall have one judge learned oth district in the law.
7th district. The eighth district, of the county of Northumberland, and shall have one judge Sth district. learned in the law.
(z) See act 25 May 1887, P. L. 265, tit. “ Salaries.”
9th district. 10th district.
P. L. 85.
in the eleventh district.
Governor to ap
P. L. 1555, 323. 12th district. 18th district.
P. L. 404.
7 Aug. 1893 $ 1.
The ninth district, of the county of Cumberland, and shall have one judge
The tenth district, of the county of Westmoreland, and shall have one judge learned in the law.
The eleventh district, of the county of Luzerne, and shall have two judges learned in the law in the common pleas, and one judge learned in the law in the orphans'
court. 29 April 1891 $ 1. 21. In addition to the judges provided for in an act entitled “ An act to desig.
nate the several judicial districts of the cominonwealth as required by the constitu
tion,” approved the seventh day of August, Anno Domini one thousand eight judge authorized
hundred and eighty-three, an additional law judge is hereby authorized and provided for the several courts of the eleventh judicial district, who shall possess the same qualifications which are required by the constitution and laws for the president judge of said district, and who shall hold his office for a like term, and by the same tenure, and shall have the same powers, authority and jurisdiction, and shall be subject to the same duties, restrictions and penalties, and shall receive the same
compensation, as the president judge of said district. Ibid. $ 2. 22. At the next general election, after the passage of this act, the qualified elec
tors of the said eleventh judicial district shail elect, in the manner prescribed by law for the election of a president judge, a competent person learned in the law to serve as additional law judge in said district. Vacancies in the office hereby created, whether caused by death, resignation, expiration of term, or otherwise, shall be filled in the same manner as is required by law in case of a similar vacancy in the office
of president judge. Ibid. & 3. 23. The governor is hereby authorized to appoint some competent person, learned
in the law, as such additional law judge of said judicial district, until the first Monday point.
in January succeeding the general election. 7 Aug. 1893 $ 1. 24. The twelfth district, of the county of Dauphin, to which the county of Lebanon
is hereby attached.(b) and shall have two judges learned in the law.
The thirteenth district, of the county of Bradford, and shall have one judge learned in the law.
The fourteenth district, of the county of Fayette, to which the county of Greene
is hereby attached, and shall have one judge learned in the law. 15 June 1897 $ 1. 25. The qualified electors of the fourteenth judicial district shall, at the next
general election in the same manner prescribed by law for the election of president
judge, elect one person for said district, learned in the law, to serve as an addijudge authorized. tional law judge of the several courts of said district; said additional law judge Qualifications.
shall possess the same qualifications which are required by the constitution and the laws for president judge, and shall be commissioned by the governor and hold his office by the same tenure as other judges of courts of record required to be learned in the law and for the same term" as the president judge; vacancies in the office hereby created, whether caused by death, resignation, expiration of term, or otherwise, shall be filled in the same manner as is required by law. In case of similar
vacancy in the office of president judge, the said additional law judge shall have Powers and duties. the same authority and jurisdiction in term time and in vacation in the ser
eral courts of the said district and be subject to the same duties, provisions and penCompensation. alties as the president judge thereof, and receive the same compensation for his
services, to be paid out of the state treasury, in quarterly payments, in the same
manner as the salaries of president judges are now paid ; that the said additional Special and ad- law judge shall have the same power and authority to hold special and adjourned journed courts.
courts in his own or other judicial districts as president judges have by existing
laws. Ibid. & 2. 26. Any one of the judges of the said fourteenth judicial district shall have full
power and authority to hold the orphans' court and the court of common pleas of in the civil courts. said district, and to try all civil pleas and actions, real, personal and mixed, and it
shall be lawful for any one of the said judges, when he thinks it expedient, to reReserved questions serve questions of law, which may arise on trial of a cause, for the consideration
and judgment of both the said judges sitting together: Provided, That if the said judges shall disagree on any question reserved, as aforesaid, the opinion of the
judge before whom the cause was tried shall stand as the judgment of the court: Bill of excoptions. And provided also, That either party shall have the right to a bill of exceptions to
the opinion of the court as if the point had been ruled and decided on the trial of
the cause. Ibid. $ 3. 27. Any one of the judges of the said fourteenth judicial district shall have full
power and authority to hold the courts of oyer and terminer and general jail delivery and quarter sessions of the peace for the trial of all indictments, and also for the passing of sentence, and for the adjudication of cases of breaches of the peace, for punishment of all contempts, and to make all such orders and decrees and render all such judgments as he shall consider legal and equitable in all cases within the jurisdiction of said courts.
Commission and tenure. Vacancies.
Powers in the criminal court.
(b) The county of Lebanon is detached from this district and formed into a separate judicial district by the act 4 May 1893, P. L. 31, infra.