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7 Aug. 1883 § 2.

P. L. 1855, 323.

Powers, duties and compensation.

14 April 1834 § 29. P. L. 345.

Term of the courts of common pleas.

Adams.

Allegheny.

Armstrong.

Beaver.

Bedford.

Berks.

Blair.

Bradford.

diction in the several courts of their said districts, respectively, and be subject to the same duties, provisions and penalties, as the president judges thereof, and receive the compensation for their services, as is now fixed by law, to be paid out of the state treasury, in quarterly payments, in the same manner as the salaries of president judges are now fixed by law. That the said additional judges shall have the same power and authority to hold special or adjourned courts, in their own or other districts, as president judges have by existing laws.

V. Terms of the several courts.(h)

75. The courts of common pleas of every county shall be holden four times in every year, at the court-house of the respective county, and at and during the times hereinafter specified for each term, (i) if the business depending in the said courts respectively shall require it, to wit:

76. In the county of Adams, on the third Monday of April, to continue one week; and on the third Monday of August, to continue one week; and on the fourth Monday of November, to continue two weeks; and on the fourth Monday of January, to continue two weeks.(k)

77. In the county of Allegheny, on the first Mondays of March, June, September and December of each and every year, and continue, from term to term, as the business of said courts may require.(1)

78. In the county of Armstrong, on the first Mondays in the months of March, June, September and December; each term to continue two weeks, if necessary, except the June term, which shall continue but one week. (m)

79. In the county of Beaver, on the third Monday of March, second Monday of June, first Monday of September and second Monday of November, to continue two weeks, if the business depending in said court shall require it.(n)

80. The terms of the several courts, in the county of Bedford, shall commence on the fourth Monday of April, fourth Monday of August, second Monday of November, and first Monday of February, and continue two weeks, when so ordered by the court.(0) In addition to the panel of names now returned for the first week of each term of the several courts of Bedford county, a second panel of names shall be returned for the second week of said courts, in and through said second week, whenever the judges of the said courts may order a court for two weeks in said county; and everything shall be done in relation thereto as is prescribed by law in similar cases. (p)

81. In the county of Berks, on the second Monday of each and every month, except the month of July. The stated terms for jury trials, in the court of common pleas, shall be those of January, April, August and November; the writs of venire in the courts of quarter sessions and oyer and terminer shall issue for the first and second week of each of the said terms: Provided, That a venire shall issue for the second week only whenever in the opinion of the judges of said courts the same shall be necessary; writs of venire shall issue for the summoning of jurors in the court of common pleas, returnable to the third and fourth Mondays of each of said four terms; the said judges shall also have power to order a writ or writs of venire for the trial of causes in the common pleas, returnable to any of the terms of said court specified in the 1st section of this act, for one or more weeks, as they shall deem necessary: and shall have power also to direct the holding of adjourned. and special courts of common pleas, quarter sessions and oyer and terminer, and to order writs of venire therefor, whenever the exigencies of the business of the said judicial district shall require them.(q)

82. In the county of Blair, on the fourth Mondays of January, April, July and October, and shall continue for one or two weeks, at the discretion of the court: and the judges of the said courts of said county shall, at their discretion, order and direct at what hour of said days the court shall be opened and commenced: Provided, The same be not earlier than eleven of the clock, A. M., on said Mondays.(r) 83. In the county of Bradford, on the first Mondays in February, May, September and December, to continue two weeks or more, if necessary, as the judges thereof shall deem expedient: Provided, They shall not hold court more than three weeks at any one term. (s) In addition to the four regular terms of the several courts now held in each year at the court-house in the borough of Towanda, in and for the county of Bradford, there shall be held two other terms of said courts, excepting, however, the court of oyer and terminer, which said two other

(h) See tit. "Terms of Court."

(i) A court term is a definite and fixed term, prescribed by law, for the administration of judicial duties, within which the business of the term should be transacted. Terms may be extended to a period of time outside of their proper limits, by adjournment, but the fixed term is not thereby enlarged. Horton v. Miller, 38 P. S. 270. See infra 172.

(k) Act 2 March 1868, § 1. P. L. 255. (1) Act 22 March 1866, § 1. P. L. 297. (m) Act 5 May 1854, § 1. P. L. 573.

(n) Acts 21 March 1865, § 1, P. L. 434; and 19 March 1867, § 1, P. L. 500.

(0) Act 5 February 1873. P. L. 117.

(p) Acts 12 February 1850, § 1, P. L. 59; and 19 March 1850, § 2, P. L. 208.

(q) Act 6 February 1868, §§ 1-2. P. L. 124.

(r) Acts 15 March 1847, § 2, P. L. 347; 18 January 1853, § 1, P. L. 4; 31 March 1854, § 1, P. L. 241; and 7 May 1864, § 1, P. L. 892.

(s) Act 21 April 1852, § 1. P. L. 364.

P. L. 345.

terms shall be held in the borough of Troy, in said county; said two additional 14 April 1834 § 29. terms shall be held on the fourth Mondays of March and October, in each and every year hereafter, and shall continue for two weeks, provided the business should require said terms to be continued for so long a time; and the president judge of said district, or any law judge thereof, may order adjourned terms of said courts to be held in said borough of Troy, whenever, in the opinion of either of said judges, the same may be necessary.(t)

84. In the county of Bucks, on the fourth Monday in April, the second Mon- Bucks. day in September, and the first Mondays in December and February, to continue two weeks, if necessary. And the several terms of the court of quarter sessions of said county shall continue during the same time as the courts of common pleas.(u)

85. In the county of Butler, on the second Mondays of January, March and Butler. June respectively, and third Monday of October:(v) to continue as long as may be necessary, for the disposal of all cases depending therein.(w) The judges of the several courts of Butler county are hereby required to appoint and hold, in each year, two special sessions for despatch of other business than jury trials, and to cause six weeks' notice of each of said courts to be given in two or more newspapers, printed in said county.(x)

86. In the county of Cambria, on the first Mondays of January, April, July Cambria. and October; to continue one week.(y)

87. In the county of Cameron, on the Mondays next succeeding after the courts Cameron. are held in Elk county, to continue one week at each term, if necessary.(z)

88. In the county of Carbon, on the third Monday of January, the fourth Mon- Carbon. day of March, and the third Mondays of June and October; one week. (a)

89. In the county of Centre, on the fourth Mondays of January, April, August Centre. and November, to continue two weeks, if necessary. (b)

90. In the county of Chester, on the last Mondays in January, April and Octo- Chester. ber, to continue four weeks, if the business of the said court shall require it; and on the second Monday in August, to continue two weeks, if the business of said court shall require: Provided, That the trial of civil issues depending in the said court, shall not commence until the second succeeding Monday after the said last Mondays, unless it be otherwise ordered by the judges of the said court. The said judges shall have power to order, at any term of the said court, that the trial of civil causes depending in the said court shall be commenced during the second week of the next succeeding term, at a day fixed; and such order being entered on record, the court shall award a venire for jurors, and the trial of such issues shall be commenced accordingly, or as soon thereafter as the other business of the judges of the said court will permit.(c)

91. In the county of Clarion, on the fourth Mondays of January, April, August Clarion. and November, and continue two weeks, if necessary.(d)

92. In the county of Clearfield, on the second Monday of January, the third Clearfield. Monday of March, the first Monday of June, and the fourth Monday of September, each term to continue two weeks, if necessary, except the January and March terms, which shall continue but one week; and the courts of common pleas and orphans' courts shall, in addition to said terms, sit for the trial of civil cases and such other business as may come before them, on the second Monday of November, and continue for two weeks, if necessary; and venires for petit juries shall issue in the usual form for such term, under the direction of the judges of the courts aforesaid.(e)

93. In the county of Clinton, on the second Monday of the months of February, Clinton. May, September and December; and continue one or more weeks.(g)

94. In the county of Columbia, on the first Mondays of February, May, Septem- Columbia. ber and December of each year; to continue two weeks.(h)

95. In the county of Crawford, on the second Mondays of January, April, June Crawford.
and September of each and every year, to continue two weeks, unless otherwise
specially ordered by the court; and there shall be held two additional terms in

said county, commencing on the second Mondays of February and November,
which shall continue two weeks, unless otherwise ordered by the court.(i)

96. In the county of Cumberland, on the second Mondays in January, April and Cumberland. November, and the fourth Monday in August; to continue two weeks.(k)

() Act 23 February 1870, § 1. P. L. 223.

(b) Acts 9 April 1853, § 2, P. L. 355; and 15 April

(u) Acts 16 July 1842, § 32, P. L. 383; and 26 April 1853, § 1. P. L. 431. 1850, § 15, P. L. 613.

(r) Act 20 March 1869, § 1. P. L. 450.

() Act 18 March 1863, § 1. P. L. 148. And see act

3 May 1864, § 1. P. L. 691.

(2) Act 6 April 1870, § 1.

P. L. 989.

(Act 5 April 1849, 4. P. L. 369.

(2) Act 9 April 1862, § 1.

P. L. 349. And see acts

4 April 1866, § 1, P. L. 511; and 3 April 1869, § 2, P. L.

694.

1872, § 1, P. L. 205.
(a) Acts 5 April 1849, § 4, P. L. 368; and 5 March

(c) Acts 20 March 1845, §§ 1-2, P. L. 192; and 8 April 1857, § 1, P. L. 173.

(d) Act 3 April 1872, § 1. P. L. 872. (e) Act 16 April 1870, § 1. P. L. 1193. (g) Acts 31 March 1854, § 1, P. L. 252; and 16 March 1855, § 1, P. L. 95.

(h) Act 15 April 1851, § 6. (i) Act 2 March 1867, § 1. 17 April 1856, § 2, P. L. 395; P. L. 149.

(k) Act 8 March 1847, § 1.

P. L. 657.

P. L. 33. And see acts and 24 March 1858, § 2, P. L. 260.

14 April 1834 § 29.

P. L. 345.

Dauphin.

Delaware.

Elk.

Erie.

Fayette.

Forest.

Franklin.

Fulton.

Greene.

Huntingdon.

Indiana.

Jefferson.

Juniata.

Lancaster.

97. In the county of Dauphin, on the third Mondays in January and November, and the fourth Monday in April, to continue two weeks, if the business in said courts shall require it; and on the fourth Monday of August, to continue one week, or longer, if necessary.(1)

98. In the county of Delaware, on the fourth Mondays in February, May, August and November; to continue one week. Every writ of venire for the trial of issues of fact, in the several courts of Delaware county, as well as subpoenas for witnesses to testify in the trial of such issues, shall be made returnable on Tuesday of the weeks on which the regular terms of such courts are holden, and not on Monday, as heretofore.(m)

99. In the county of Elk, on the second Monday in January, the second Monday in April and the first Monday in August and November; to continue one week.(n)

100. In the county of Erie, one on the first Monday of February, to continue three weeks, one on the first Monday of May, to continue two weeks, one on the first Monday of September, to continue three weeks, one on the first Monday of November, to continue three weeks, in each year, and additional terms as follows: one on the second Monday of March, to continue two weeks; one on the second Monday of April, to continue two weeks; and one on the second Monday of December, to continue two weeks, in each year; and the president judge and additional law judge of said district may agree upon the terms which each shall hold respectively.(0)

101. In the county of Fayette, on the first Monday of January, on the first Monday of March, and the first Monday of June, and on the fourth Monday of October; each term to continue two weeks, except June term, which shall continue for one week only. (p)

102. In the county of Forest, on the fourth Mondays of February, May, September and December in each year; to continue one week, if necessary: Provided, The president judge of said district shall have power and is hereby authorized to dispense with jury courts in said county, at such terms as in his opinion jury courts may be dispensed with, without prejudice to the public interest.(9)

103. In the county of Franklin, on the second Monday of April, the second Monday of August, the fourth Monday of October, and third Monday of January, and to continue two weeks.(r)

104. In the county of Fulton, on the first Monday of April, the first Monday of August, the third Monday of October, and the second Monday of January; to continue one week at each term, if necessary.(s).

105. In the county of Greene, on the third Monday of March, to continue two weeks, if necessary; second Monday of June, to continue two weeks, if necessary; third Monday of September, to continue two weeks, if necessary; and on the third Monday of December, to continue two weeks, if necessary. (t)

106. In the county of Huntingdon, on the second Mondays in April, August, November and January; two weeks. (u)

107. In the county of Indiana, on the third Monday of December, the first Monday of April, the second Monday of June and the fourth Monday of September, in each year, and shall continue two weeks, except in September term, which shall continue one week.(v)

108. In the county of Jefferson, on the second Mondays in May, September, December and February; one week.(w)

109. In the county of Juniata, on the fourth Monday of April, and the first Mondays of September, December and February; to continue one week: Provided, That when, in the opinion of the judges, the business depending in said county shall not require four courts during the year, for the trial of cases by jury, they may omit awarding a venire for jurors at any one of said terms during the year.(x)

110. In the county of Lancaster, on the third Monday of each and every month of each year, except the month of July; and all writs, except writs of execution, shall be made returnable on the first day of each and every term of said court; and all writs of execution shall be returnable at such terms as they are now returnable to. The stated terms for jury trials, in all the courts in the said judicial district, shall be and remain as now fixed by law. (y)

(1) Acts 16 April 1845, § 6, P. L. 543; and 2 March 1855, § 2, P. L. 62.

(m) Act 27 March 1845, § 1. P. L. 220.

(n) Acts 4 April 1866, § 1, P. L. 511; and 3 April 1869, § 1, P. L. 694. And see act 5 April 1849, § 5. P. L. 369.

(0) Act 7 March 1872, § 1. P. L. 241. (p) Act 18 April 1853, § 21. P. L. 572.

(q) Acts 20 May 1857, § 7, P. L. 614; and 27 March 1869, § 1, P. L. 558. And see act 5 April 1849, § 5. P. L. 369.

(r) Act 16 February 1867, § 1. P. L. 27.

(s) Acts 19 April 1850, § 11, P. L. 807; and 16 February 1867, § 1, P. L. 27.

(t) Acts 4 April 1866, § 1, P. L. 499; 10 April 1867, § 1, P. L. 1090; and 24 March 1873, P. L. 352.* (u) Act 5 April 1849, § 4. P. L. 369.

(e) Act 14 April 1868, § 1. P. L. 1066.

(r) Act 5 April 1849, § 4. P. L. 368. By act 9 March 1855, § 1, to be continued two weeks, when necessary. P. L. 69.

(z) Act 13 February 1856, § 1. P. L. 50. The courts of quarter sessions are to continue during the same time.

(y) Act 17 April 1869, §§ 1-2. P. L. 1187.

111. In the county of Lawrence, on the second Monday of February, the second 14 April 1834 § 29. Monday of May, the second Monday of September, and the second Monday of P. L. 345. December; and continue for two weeks, if required, except September terin, which Lawrence. shall be one week.(z)

112. In the county of Lebanon, on the first Mondays in January and November, Lebanon. to continue two weeks, if the business in said courts shall require it; and on the third Mondays in April and August, to continue one week, if the business depending in the same shall require it. (a)

113. In Lehigh, on the first Monday of January, the first Monday of April, the Lehigh. second Monday after the fourth Monday of August, and the last Monday of October; to continue two weeks. (b) In addition to the courts now fixed by law, there shall be held a regular term of the courts of common pleas, orphans' court, quarter sessions and oyer and terminer, in said county of Lehigh, on the first Monday in June, in each and every year, which may continue two weeks.(c)

114. In the county of Luzerne, on the first Monday of January, to continue two Luzerne. weeks; on the second Monday of February, to continue three weeks; on the first Monday of April, to continue two weeks; on the third Monday of October, to continue two weeks; and on the second Monday of November, to continue two weeks.(d)

115. In the county of Lycoming, on the second Mondays of January, April, Lycoming. August and November; to continue two weeks, if necessary. (e)

116. In the county of McKean, on the Mondays next succeeding the courts in McKean. Potter county; to continue one week. The June and December terms of the courts in the county of McKean shall be held on the third Mondays of June and December.(g)

117. In the county of Mercer, on the third Mondays of February, May, September Mercer. and December of each year, (h) to continue one week; and the judges of the common pleas and of the orphans' court of said county shall hold adjourned courts for the trial of causes and the transaction of any business within their jurisdiction, as often as the business of said county may require.(i)

118. In the county of Mifflin, on the second Mondays in January, April and Mifflin. November, and on the fourth Monday in August; to continue two weeks, if necessary.(k)

119. In the county of Munroe, on the fourth Mondays in February, May, Sep- Munroe. tember and December; one week: Provided, That the several courts of common pleas, over and terminer, and quarter sessions of said county may, by a general or special order, direct and fix the number of petit jurors to be summoned and returned in the said courts, which number shall never be less than thirty.(1)

120. In the county of Montgomery, on the third Mondays of August and May, Montgomery. in each and every year, to continue two weeks; and on the fourth Monday of February and second Monday in November; and continue two weeks, unless otherwise ordered by the court at the preceding term.(m)

121. In the county of Montour, on the third Mondays of February, May, Sep- Montour. tember and December, in each year. The terms of said courts shall continue one week, if necessary.(n)

122. In the county of Northampton, on the third Monday of January, the fourth Northampton. Monday of April, the third Monday of August, and the third Monday of Novem

ber; to continue two weeks.(0)

123. In the county of Northumberland, on the first Monday in January, the Northumberland. second Monday in March, and the third Mondays in August and November; to continue two weeks.(p)

124. In the county of Perry, on the first Mondays in January, May and August, Perry. and on the Monday preceding the first Monday in November, in each and every year; and that the said terms be continued, respectively, if necessary, for one week.(q)

125. In the county of Philadelphia, on the first Mondays in March and June, the Philadelphia. third Monday in September, and the first Monday in December; to continue from term to term, according to the discretion of the court.

126. In the county of Pike, on the third Mondays in February, May, September Pike. and December; one week.(r)

(z) Acts 23 March 1860. § 1, P. L. 246; 11 April 1866, § 1, P. L. 717; and 12 March 1870, § 1, P. L. 415.

(a) Acts 19 March 1853, § 3, P. L. 212; and 2 March 1855, § 1, P. L. 62.

(b) Act 30 March 1864, § 1. P. L. 128.
(c) Act 16 March 1867, § 1. P. L. 480.
(d) Act 17 February 1871, § 1. P. L. 54.
(e) Act 16 March, 1869, § 3. P. L. 7.

(g) Acts 9 April 1862, § 1, P. L. 349; and 3 April 1869, § 1, P. L. 694.

(h) Act 3 March 1870, § 2. P. L. 320. The panel of petit jurors are to remain in attendance so long as may be necessary for the disposal of all cases depending, not exceeding two weeks. Ibid. § 1.

(i) Act 13 February 1852, § 1. P. L. 53.

(k) Acts 21 March 1842, § 2, P. L. 133; 29 March 1860, § 1, P. L. 333; and 6 February 1872, § 1, P. L. 84. (1) Acts 5 April 1849, § 4, P. L. 368; and 4 April 1837, § 1, P. L. 377.

(m) Acts 10 April 1835, § 2, P. L. 150; 18 March 1852,
§ 5, P. L. 152; and 11 March 1858, § 1, P. L. 99.
(n) Acts 10 March 1852, § 2, P. L. 124; and 29 March
1856, § 1, P. L. 192.

(0) Act 30 March 1864, § 1. P. L. 128.
(p) Act 19 January 1863, § 1. P. L. 1.

(g) Acts 30 March 1848, § 2, P. L. 311; and 10 April 1869, § 1, P. L. 834.

(r) Act 5 April 1849, § 4. P. L. 368.

14 April 1834 § 29.

P. L. 345.

Potter.

Schuylkill.

Snyder.

Somerset.

Sullivan.

Susquehanna.

Tioga.

Union.

Venango.

Warren.

Washington.

Wayne.

Westmoreland.

Wyoming.

York.

Ibid. § 81.

Terms of two weeks may be abridged.

Ibid. § 32. Terms may be enlarged.

127. In the county of Potter, on the third Monday of February, the second Monday of June, the third Monday of September, and the second Monday of December; to continue one week.(s)

128. In the county of Schuylkill, on the first Mondays in March, June, September and December; four weeks.(t)

129. In the county of Snyder, on the Mondays following the regular terms of the courts of Union county, except the December term, which shall be held the week preceding the Union county court; to continue one week, if necessary.(u)

130. In the county of Somerset, on the first Monday of May, the second Monday of September, the fourth Monday of November, and the third Monday of February; and to continue two weeks, whenever so ordered by the court. (v)

131. In the county of Sullivan, on the fourth Tuesdays in February, May and September, and the third Tuesday in December, in each and every year; to continue one week, if necessary; and the judges of said court may, if they think proper, waive summoning jurors for any three of said terms. (w)

132. In the county of Susquehanna, on the second Mondays of January, April, August and November;(x) to continue two weeks: Provided, That the courts in Susquehanna county, for the second week, may be dispensed with, as often as, in the opinion of the judges thereof, the business of said courts shall not require the holding of the same. The judges of the several courts in the county of Susquehanna may direct the regular quarterly terms of said courts to continue for three weeks, whenever, in their opinion, the business depending in said courts shall require it. (y)

133. In the county of Tioga, on the last Mondays in January, May, August and November; to continue two weeks.(z)

134. In the county of Union, on the third Mondays of February, May, September and December; to continue one week.(a)

135. In the county of Venango, on the fourth Mondays in January, April, August and November; to continue one week.(b)

136. In the county of Warren, on the first Mondays of March, June, September and December, of each year; and each of said terms shall continue two weeks, if the business in the courts shall require it. (c)

137. In the county of Washington, on the third Monday of February, on the third Monday of August, and on the third Monday of May and second Monday of December; to continue each two weeks, if necessary, unless the court, at the previous term, shall limit the same to one week.(d)

138. In the county of Wayne, on the first Mondays in February, May, September and December; one week.(e)

139. In the county of Westmoreland, on the first Mondays in the months of February and November, on the second Monday of May, on the third Monday of August, in each year; each term to continue two weeks, except the August term, which shall continue one week.(g)

140. In the county of Wyoming, on the third Monday of the months of January, April, August and November; the terms of said courts shall continue one week, if necessary.(h)

141. In the county of York, on the first Mondays of January and November, and the fourth Mondays of April and August; to continue two weeks.(i)

142. The judges of the courts of common pleas in every county wherein a term of two weeks is appointed as aforesaid, shall have power to order, at any term thereof, that the said court, at the next term, shall continue during one week only thereof, and such order being entered upon record, such succeeding term shall be abridged accordingly.

143. The judges of the courts of common pleas in every county shall also have power to order, at any term thereof, that the next succeeding term shall be extended during one or more weeks beyond the time hereinbefore allowed for the continuance of such court, but in such manner always as shall not interfere with any term of the courts in any other county of the respective districts, and such order being entered upon record, such succeeding term of the court shall be enlarged accordingly.

(s) Acts 1 May 1861, § 1, P. L. 442; 9 April 1862, § 1, 1852, § 1, P. L. 178. By act 24 March 1869, the panel of P. L. 349; and 3 April 1869, § 1, P. L. 694. And see

act 5 April 1849, § 5. P. L. 369.

(t) Act 5 April 1849, § 4. P. L. 368.

petit jurors is to remain in attendance so long as may be necessary, not exceeding two weeks. P. L. 511-12. (c) Act 2 March 1867, § 1. P. L. 33. And by act 17

(u) Acts 2 March 1855, § 27, P. L. 541; and 21 March April 1856, P. L. 395, as amended by act 31 March 1864, 1861, § 1, P. L. 174.

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