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Art. 4. Sect. 10.

officers.

governor.

President of the senate.

Veto power.

in writing of the lieutenant-governor, secretary of the commonwealth, attorney-gen- Art. 4. Sect. 9. eral and secretary of internal affairs, or any three of them, after full hearing, upon due public notice, and in open session; and such recommendation, with the reasons therefor, at length, shall be recorded and filed in the office of the secretary of the commonwealth.

90. He may require information in writing from the officers of the executive Information from department, upon any subject relating to the duties of their respective offices.

91. He shall, from time to time, give to the general assembly information of Art. 4. Sect. 11. the state of the commonwealth, and recommend to their consideration such Information to the measures as he may judge expedient.

legislature. 92. He may, on extraordinary occasions, convene the general assembly, and in Art. 4. Sect. 12. case of disagreement between the two houses, with respect to the time of adjourn- May conrene, and ment, adjourn them to such time as he shall think proper, not exceeding four in certain cases, months,

He shall have power to convene the senate in extraordinary session, adjourn the legisby proclamation, for the transaction of executive business.

93. In case of the death, conviction on impeachment, failure to qualify, resigna- Art. 4. Sect. 13. tion, or other disability of the governor, the powers, duties and emoluments of When lieutenantthe office, for the remainder of the term, or until the disability be removed, shall governor to act as derolve upon the lieutenant-governor.

94. In case of a vacancy in the office of lieutenant-governor, or when the Art. 4. Sect. 14. lieutenant-governor shall be impeached by the house of representatives, or shall be unable to exercise the duties of his office, the powers, duties and emoluments thereof, for the remainder of the term, or until the disability be removed, shall derolve upon the president pro tempore of the senate; and the president pro tempore of the senate shall, in like manner, become governor, if a vacancy or disability shall occur in the office of governor; his seat as senator shall become vacant, whenever he shall become governor, and shall be filled by election, as any other vacancy in the senate.

95. Every bill which shall have passed both houses, shall be presented to the Art. 4. Sect. 15. governor; if he approve he shall sign it,(i) but if he shall not approve, he shall

Approval of bills. return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon their journal, and proceed to reconsider it. If, after such reconsideration, (k) two-thirds of all the members elected to that house, shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which likewise it shall be reconsidered; and if approved by two-thirds of all the members elected to that house, it shall be a law; but in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each house, respectively. If any bill shall not be returned by the governor, within ten days after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return; in which case, it shall be a law, unless he shall file the same, with his objections, in the office of the secretary of the commonwealth, and give notice thereof, by public proclamation, within thirty days after such adjournment.

96. The governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or Partial disapproval parts of the bill approved shall be the law, and the item or items of appropriation of appropriation disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto.

97. The chief justice of the supreme court shall preside upon the trial of any Art. 4. Sect. 17. contested election of governor or lieutenant-governor, and shall decide questions Trial of contested regarding the admissibility of evidence, and shall, upon request of the committee, elections. pronounce his opinion upon other questions of law involved in the trial. The When to hold over. governor and lieutenant-governor shall exercise the duties of their respective offices, until their successors shall be duly qualified.

98. The secretary of the commonwealth shall keep a record of all official acts and proceedings of the governor, and, when required, lay the same, with all papers, minutes and vouchers relating thereto, before either branch of the general assembly; Secretary enthe and perform such other duties as may be enjoined upon him by law.

99. The secretary of internal affairs shall exercise all the powers, and perform Art. 4. Sect. 19. all the duties of the surveyor-general, subject to such changes as shall be made by

Secretary of interlaw. His department shall embrace a bureau of industrial statistics; and he shall nal affairs. discharge such duties relating to corporations, to the charitable institutions, agricultural, manufacturing, mining, mineral, timber and other material or business

Art. 4. Sect. 16.

bills.

Art. 4. Sect. 18.

(i) An act of assembly is passed, only when has has been sent to the governor for approval. People v. gone through all the forms made necessary by the Devlin, 33 N. Y. 269. constitution, to give it force and validity as a binding (k) After a vote on the question of reconsideration, rule of conduct for the citizen. Wartman v. Phila- no further action can be had on the bill: the vote is a delphia, 33 P. S. 202. The governor may sign a bill, final one, and a motion to reconsider it is not in order. after the adjournment of the legislature. People vi Sank v. Philadelphia, 4 Brewst. 133; 8. C. 8 Phila. Bowen, 21 N. Y. 617. One branch of the legislature 117. has no power, by resolution, to recall a bill, after it

Art. 4. Sect. 20.

Art. 4. Sect. 21.

Art. 4. Sect. 19. interests of the state, as may be prescribed by law. He shall annually and at such

other times as may be required by law, make report to the general assembly.

100. The superintendent of public instruction shall exercise all the powers and Superintendent of perform all the duties of the superintendent of common schools, subject to such public instruction. changes as shall be made by law.

101. The term of the secretary of internal affairs shall be for four years; of the auditor-general, three years; and of the state treasurer, two years. These officers shall be chosen by the qualified electors of the state, at general elections. No person elected to the office of auditor-general or state treasurer shall be capable of holding the same office for two consecutive terms.

102. The present great seal of Pennsylvania shall be the seal of the state. All commissions shall be in the name and by authority of the commonwealth of Pennsylvania, and be sealed with the state seal, and signed by the governor.

Term of office.

Art. 4. Sect. 22.

Seal.
Commissions.

ARTICLE V.

OF THE JUDICIARY.

Art. 5. Sect. 1.

Art. 5. Sect. 2.

Art. 5. Sect. 3.

supreme court.

103. The judicial power of this commonwealth(1) shall be vested in a supreme

court, in courts of common pleas, courts of oyer and terminer and general jail Judicial power.

delivery, courts of quarter sessions of the peace, orphans' courts, magistrates courts, and in such other courts as the general assembly may, from time to time, establish.(m)

104. The supreme court shall consist of seven judges, who shall be elected by Supreme court.

the qualified electors of the state at large. They shall hold their offices for the term of twenty-one years, if they so long behave themselves well, but shall not be again eligible. The judge whose commission shall first expire, shall be chief justice, and thereafter, each judge whose commission shall first expire shall, in turn, be chief justice.

105. The jurisdiction of the supreme court shall extend over the state,(n) and

the judges thereof shall, by virtue of their offices, be justices of oyer and terminer Jurisdiction of

and general jail delivery in the several counties;(0) they shall have original jurisdiction in cases of injunction, where a corporation is a party defendant,(p) of habeas corpus, of mandamus to courts of inferior jurisdiction, and of quo warranto as to all officers of the commonwealth whose jurisdiction extends over the state, but shall not exercise any other original jurisdiction; they shall have appellate jurisdiction, by appeal, certiorari or writ of error, in all cases, as is now or may hereafter be provided by law.

106. Until otherwise directed by law, the courts of common pleas shall continue

as at present established, except as herein changed;(9) not more than four pleas.

counties shall, at any time, be included in one judicial district organized for said courts.

107. Whenever a county shall contain forty thousand inhabitants, it shall constitute a separate judicial district, and shall elect one judge learned in the law; and the general assembly shall provide for additional judges, as the business of the said district may require.(r) Counties containing a population less than is sufficient to constitute separate districts, shall be formed into convenient single districts, or, if necessary, may be attached to contiguous districts, as the general

assembly may provide. The office of associate judge, not learned in the law, is Associate judges. abolished, in counties forming separate districts; but the several associate judges

in office when this constitution shall be adopted, shall serve for their unexpired terms.(s)

Art. 5. Sect. 4.

Courts of common

Art. 5. Sect. 5.

Judicial districts.

(1) The legislature has no judicial power, and, (p) This includes municipal corporations. Wheeler therefore, cannot grant a new trial. De Chastellux v. v. Philadelphia, 77 P. S. 338. The supreme court will Fairchild, 15 P. S. 18. Ervine's Appeal, 16 Ibid. 267. not entertain original jurisdiction of a bill against a Or, a review of a decree of the orphans' court. Baggs's corporation, when the prayer for an injunction is Appeal, 43 Ibid. 512. Hendrickson's Estate, 2 Pitts. merely subsidiary, and not the main object of the suit. 360. And see Greenough v. Greenough, 11 . S. 494. McClure v. People's Freight Railroad Co., 32 L. I. 448. Nor can they bind the courts by a declaratory law. Fargo v. Oil Creek and Allegheny Railroad Co., 1 W. People v. Bourd of Supervisors, 16 N. Y. 424. The leg- N. C. 611. Nor unless special ground is laid. Buck islature cannot abolish any of the courts mentioned in Mountain Coal Co. v. Lehigh Coal and Navigation this article. Commonwealth v. Green, 58 P. S. 226. CO., 2 W. N. C. 241. And see McGeorge v. Hancock

(m) See Commonwealth v. Flanagan, 7 W. & S. 68. Steel and Iron Co., 11 Phila. 602. Commonwealth v. Zephon, 8 Ibid. 382. Commonwealth (9) Commonwealth v. Martin, 2 P. S. 244. v. Martin, 2 P. S. 242.

(r) The legislature may create an additional law (n) The division of the state into districts, does not judge in a district composed of several counties. affect the jurisdiction. Hazen v. Commonwealth, 23 Turner v. Commonwealth, 86 P. S. 54. If the legisP. S. 355. The constitution invests the supreme court lature attach a county, containing less than 40,000 with jurisdiction coextensive with, the state, and the inhabitants, to one containing a greater number, the legislature has no power to limit it, nor to prohibit the latter retains the constitutional right of a separate court from issuing its process, at any time, to all parts judicial district, to have a resident law judge, and no of the state. The division of the state into districts is associate judges: and the former is entitled to assomerely for the convenient transaction of business. ciate judges, and to have the court presided over by Commonwealth v. Allegheny County, 37 P. S. 237. the law judge of the other county. Commonwealth v.

(0) Each of the judges of the supreme court has Dumbauld, 97 P. S. 293. This section does not execute power to hold a court of oyer and terminer, in any itself. Bredin's Appeal, 16 W. N. C. 481. county of the state. Commonwealth v. Ickhoff, 33 (s) They sit in all the courts, as heretofore. Case P.S. 80. See Commonwealth v. Balph, 17 W.N. C. 52. of Associate Judges, 3 Luz. L. Reg. 7. Including the

Art. 5. Sect. 6.

108. In the counties of Philadelphia and Allegheny, all the jurisdiction and powers now vested in the district courts and courts of common pleas, subject to Common pleas of such changes as may be made by this constitution, or by law, shall be, in Phila- Philadelphia and delphia, vested in four, and in Allegheny, in two, distinct and separate courts of Allegheny. equal and co-ordinate jurisdiction, composed of three judges each; the said courts in Philadelphia shall be designated respectively as the court of common pleas number one, number two, number three, and number four, and in Allegheny, as the court of common pleas number one and number two; but the number of said courts may be by law increased, from time to time, and shall be, in like manner, designated by successive numbers; the number of judges in any of said courts, or in any county where the establishment of an additional court may be authorized by law, may be increased, from time to time; and whenever such increase shall amount in the whole to three, such three judges shall compose a distinct and separate court as aforesaid, which shall be numbered as aforesaid. In Philadelphia, all suits shall be instituted in the said courts of common pleas, without designating the number of said court, and the several courts shall distribute and apportion the business among them, in such manner as shall be provided by rules of court; and each court, to which any suit shall be thus assigned, shall have exclusive jurisdiction thereof, subject to change of venue, as shall be provided by law. In Allegheny, each court shall have exclusive jurisdiction of all proceedings at law and in equity, commenced therein, subject to change of venue, as may be provided by law.

109. For Philadelphia, there shall be one prothonotary's office, and one prothon- Art. 5. Sect. 7. otary for all said courts, to be appointed by the judges of said courts, and to hold

Prothonotary of office for three years, subject to removal by a majority of the said judges; the said Philadelphia. prothonotary shall appoint such assistants as may be necessary and authorized by said courts, and he and his assistants shall receive fixed salaries, to be determined Salaries. by law and paid by said county; all fees collected in said office, except such as may be by law due to the commonwealth, shall be paid by the prothonotary into the county treasury: Each court shall have its separate dockets, except the judgment- Dockets. docket, which shall contain the judgments and liens of all the said courts, as is or may be directed by law.

110. The said "courts in the counties of Philadelphia and Allegheny, respectively, shall, from time to time, in turn, detail one or more of their judges to Judges to be ashold the courts of oyer and terminer, and the courts of quarter sessions of the signed to hold peace of said counties, in such manner as may be directed by law.(1)

jurisdiction, 111. Judges of the courts of common pleas learned in the law shall be judges of the courts of oyer and terminer, quarter sessions of the peace and general jail delivery, and of the orphans' court, and within their respective districts, shall be judges in criminal justices of the peace as to criminal matters.(u)

112. The judges of the courts of common pleas, within their respective counties, Art. 5. Sect. 10. shall have power to issue writs of certiorari to justices of the peace and other inferior courts not of record, and to cause their proceedings to be brought before them, and right and justite to be done.(v)

113. Except as otherwise provided in this constitution, justices of the peace or aldermen shall be elected in the several wards, districts, boroughs and townships, Election of justices at the time of the election of constables, by the qualified electors thereof, in such of the peace and manner as shall be directed by law, and shall be commissioned by the governor for aldermen. a term of five years. No township, ward, district or borough shall elect more than Terms of office. two justices of the peace or aldermen, without the consent of a majority of the Residence. qualified electors within such township, ward or borough; no person shall be elected to such office, unless he shall have resided within the township, borough, ward or district, for one year next preceding his election. In cities containing over fifty thousand inhabitants, not more than one alderman shall be elected in Number. each ward or district.

114. In Philadelphia, there shall be established, for each thirty thousand inhab- Art. 5. Sect. 12. itants,(w) one court, not of record, of police and civil causes, with jurisdiction not Magistrates' courts exceeding one hundred dollars; such courts shall be held by magistrates, whose in Philadelphia. 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 voter shall Election. vote for more than two-thirds of the number of persons to be elected, when more than one are to be chosen; they shall be compensated only by fixed salaries, to be Salaries. paid by said county; and shall exercise such jurisdiction, civil and criminal, except Jurisdiction. · as herein provided, as is now exercised by aldermen, subject to such changes, not

Art. 5, Sect. 8.

courts of criminal

Art. 5. Sect. 9.

Powers of the

matters.

Writs of certiorari.

Art. 5. Sect. 11.

oyer and terminer. O'Mara y. Commonwealth, 75 secured to them by the constitution. Respublica v. P. S. 424.

Cobbett, 3 Y. 90. (t) Myers v. Commonwealth, 79 P. S. 308.

() The writ of certiorari may issue from the com(u) A new power was hereby intended to be super- mon pleas, wherever a new jurisdiction is conferred added to their offices, but the judges of the supreme upon magistrates, and the proceeding is summary. court were invested with the like power by the pro- Hi'ilt v. Philadelphia and Lancaster Turnpike Co., vincial act of 1722, which conferred upon them all the 1 Brewst. 411. powers of the justices of the court of king's bench in (10) This section does not execute itself; addiEngland, who are justices of the peace throughout tional courts can only be established by legislation. the kingdom, ex officio. And these powers were Cahill's Petition, 110 P. S. 167.

Art. 5. Sect. 13.

Art. 5. Sect. 14.

tions.

Art. 5. Sect. 15.

Term of office. Removals for cause.

Art. 5. Sect. 16.

Art. 5. Sect. 17.

missions.

Art. 5. Sect. 18.

Art. 5. Seet. 12. involving an increase of civil jurisdiction, or conferring political duties as may be

made by law. In Philadelphia, the office of alderman is abolished.

115. "All fees, fines and penalties in said courts shall be paid into the county Fees, fines, &c. treasury.(x)

116. In all cases of summary conviction in this commonwealth, or of judgment

in suit for a penalty, befo a magistrate, or court not of record, either party may Summary convic

appeal to such court of record as may be prescribed by law, upon allowance of the appellate court, or judge thereof, upon cause shown.

î17. All judges required to be learned in the law, except the judges of the Election of judges. supreme court, shall be elected by the qualified electors of the respective districts

over which they are to preside, (y) and shall hold their offices for the period of ten years, if they shall so long behave themselves well;(2) but for any reasonable cause, which shall not be sufficient ground for impeachment, the governor may remove any of them, on the address of two-thirds of each house of the general assembly.

118. Whenever two judges of the supreme court are to be chosen for the same

term of service, each voter shall vote for one only, and when three are to be Voting for judges of supreme court. chosen, he shall vote for no more than two; candidates highest in vote shall be

declared elected.

119. Should any two or more judges of the supreme court, or any two or more Priority of com

judges of the court of common pleas for the same district, be elected at 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 therewith.

120. The judges of the supreme court and the judges of the several courts of Compensations of

common pleas, and all other judges required to be learned in the law, shall, at judges.

stated times, receive for their services, an adequate compensation, which shall be fixed by law, and paid by the state.(a) They shall receive no other compensation, fees or perquisites of office, for their servicesfrom any source; nor hold any other office of profit under the United States, this state or any other state.(6)

121. The judges of the supreme court, during their continuance in office, shall

reside within this commonwealth ; and the other judges, during their continujudges.

ance ,in office, shall reside within the districts for which they shall be respectively elected.

122. The several courts of common pleas, besides the powers herein conferred, Chancery powers.

shall have and exercise, within their respective districts, subject to such changes as may be made by law, such chancery powers as are now vested by law in the several courts of common pleas of this commonwealth, or as may hereafter be conferred

upon them by law.(c) Art. 5. Sect. 21. 123. No duties shall be imposed by law upon the supreme court or any of the

judges thereof, except such as are judicial; nor shall any of the udges thereof judicial duties to exercise any power of appointment, except as herein provided.(d) The court of be imposed on judges.

nisi prius is hereby abolished; and no court of original jurisdiction, to be presided Nisi prius abol

over by any one or more of the judges of the supreme court, shall be established.

124. In every county wherein the population shall exceed one hundred and fifty

thousand, the general assembly shall, and, in any other county, may, establish a Orphans' courts.

separate orphans' court, to consist of one or more judges, who shall be learned in the law; which court shall exercise all the jurisdiction and powers now vested in, or which may hereafter be conferred upon the orphans' courts; and, thereupon, the jurisdiction of the judges of the court of common pleas within such county, in orphans' court proceedings, shall cease and determine. In any county in which a separate orphans' court shall be established, the register of wills shall be clerk of such court,(e) and subject to its directions, in all matters pertaining to his office;

he may appoint assistant clerks, but only with the consent and approval of said Auditing of ac- court. All accounts filed with him as register or 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 proceeding shall nominate an auditor, Registers' courts whom the court may, in its discretion, appoint. In every county, orphans' courts abolished.

shall possess all the powers and jurisdiction of a register's court; and separate registers' courts are hereby abolished.

Art. 5. Sect. 19.

Residence of

Art. 5. Sect. 20.

No other than

ished.

Art. 5. Sect. 22.

counts.

(r) Commonwealth v. Randall, 2 W. N. C. 210. impose a state tax upon his salary, to be deducted at Commonwealth v. McGuirk, 78 P. S. 298.

the treasury, before payment. Commonwealth v. (y) The legislature cannot constitutionally provide Mann, 5 W. & S. 403. that a judge elected by the people shall be er officio (6) See Shepherd v. Commonwealth, 1 S. & R. 1. judge of a new court, with a different territorial juris- (c) The legislature cannot vest the determination diction. Commonwealth v. Conyngham, 65 P. S. 76. of legal rights in a court of equity, so as to exclude

(z) The legislature cannot abolish a judicial dis- the constitutional right of trial by jury. North trict, and thus legislate out of office the president Pennsylvania Coal Co. v. Snowden, 42 P. S. 488. judge, before the expiration of his term. Common- Haines's Appeal, 73 Ibid. 169. wealth v. Gamble, 62 P. S. 313.

(d) Application for Board of Assessors, 7 Leg. Gaz. (a) The legislature cannot diminish the compensa- 117. tion of a president judge, whose salary has been (e) See French v. Commonwealth, 78 P. S. 339. increased since his appointment; neither can they

CONSTITUTION OF PENNSYLVANIA.

CONSTITUTION OF PENNSYLVANIA.

41

an increase of civil jurisdiction, or conferring political duties as may be law. In Philadelphia, the office of alderman is abolished. Il fees, fines and penalties in said courts shall be paid into the county

tion in criminal

all cases of summary conviction in this commonwealth, or of judgment a penalty, before a magistrate, or court not of record, either party may zuch court of record as may be prescribed by law, upon allowance of the court, or judge thereof, upon cause shown.

judges required to be learned in the law, except the judges of the burt, shall be elected by the qualified electors of the respective districts they are to preside,(y) and shall hold their offices for the period of f they shall so long behave themselves well;(z) but for any reasonable ch shall not be sufficient ground for impeachment, the governor may ✓ of them, on the address of two-thirds of each house of the general

125. The style of all process shall be “ The Commonwealth of Pennsylvania."(9) Art. 5. Sect. 28. All prosecution shall be carried on in the name, and by the authority of the commonwealth of Pennsylvania, and conclude “ against the peace and dignity of the style of process. same."(h)

126. In all cases of felonious homicide, and in such other criminal cases as may Art. 5. Sect. 24. be provided for by law, the accused, after conviction and sentence, may remove the

Appellate jurisdicindictment, record and all proceedings, to the supreme court, for review.(i)

127. Any vacancy happening by death, resignation or otherwise, in any court of cases. record, shall be filled by appointment, by the governor, to continue till the first Art. 5. Sect. 25. Monday of January next succeeding the first general election, which shall occur Vacancies, how three or more months after the happening of such vacancy.(k)

128. All laws relating to courts shall be general, and of uniform operation, and Art. 5. Sect. 26. the organization, jurisdiction and powers of all courts of the same class or grade,

Laws relating to 80 far as regulated by law, and the force and effect of the process and judgment of courts to be such courts, shall be uniform ;(l) and the general assembly is hereby prohibited uniform. from creating other courts to exercise the powers vested by this constitution in the judges of the courts of common pleas and orphans' courts.

129. The parties, by agreement filed, may, in any civil case, dispense with trial Art. 5. Sect. 27. by jury, and submit the decision of such case to the court having jurisdiction

Parties may disthereof, and such court shall hear and determine the same; and the judgment pense with jury thereon shall be subject to writ of error, as in other cases. (m)

filled.

!

trial.

ARTICLE VI.

OF IMPEACHMENT AND REMOVAL FROM OFFICE.

Art. 6. Sect. 1.

Art. 6. Sect. 2.

enever two judges of the supreme court are to be chosen for the same rvice, each voter shall vote for one only, and when three are to be shall vote for no more than two; candidates highest in vote shall be cted. uld any two or more judges of the supreme court, or any two or more le court of common pleas for the same district, be elected at the same hall, as soon after the election as convenient, cast lots for priority of , and certify the result to the governor, who shall issue their commisordance therewith.

judges of the supreme court and the judges of the several courts of eas, and all other judges required to be learned in the law, shall

, at », receive for their services, an adequate compensation, which shall be 1, and paid by the state.(a) They shall receive no other compensation, uisites of office, for their services, from any source; nor hold any other fit under the United States, this state or any other state.(O)

judges of the supreme court, during their continuance in office, shall in this commonwealth; and the other judges, during their continuce, shall reside within the districts for which they shall be respectively

several courts of common pleas, besides the powers herein conferred, nd exercise, within their respective districts, subject to such changes as le by law, such chancery powers as are now vested by law in the sereral immon pleas of this commonwealth, or as may hereafter be conferred lüties shall be imposed by law upon the supreme court or any of the

Art. 6. Sect. 8.

130. The house of representatives shall have the sole power of impeachment. Impeachments.

131. All impeachments shall be tried by the senate;(n) when sitting for that purpose, the senators shall be upon oath or affirmation; no person shall be con- How tried. victed without the concurrence of two-thirds of the members present.

132. The governor and all other civil officers shall be liable to impeachment for any misdemeanor in office ;o) but judgment in such cases shall not extend further

Liability to imthan to removal from office, and disqualification to hold any office of trust or profit peachment. under this commonwealth ; the person accused, whether convicted or acquitted, Judgment. shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law.

133. All officers shall hold their offices on the condition that they behave them- . Art. 6. Sect. 4. selves well while in office, and shall be removed, on conviction of misbehavior in office, or of any infamous crime.(p) Appointed officers, other than judges of the cause. courts of record, and the superintendent of public instruction, may be removed, at the pleasure of the power by which they shall have been appointed.(9) All officers elected by the people

, except governor, lieutenant-governor, members of the general assembly, and judges of the courts of record, learned in the law, shall be removed by the governor

, for reasonable cause, after due notice and full hearing, on the address of two-thirds of the senate.

Removals for

W law.c)

ARTICLE VII.

OF THE OATH OF OFFICE.

е

of, except such as are judicial; nor shall any of the judges thereof
power of appointment, except as herein provided.(d) The court of
hereby abolished; and no court of original jurisdiction, to be presided
y one or more of the judges of the supreme court, shall be estab-
ery county wherein the population shall exceed one hundred and fifty
general assembly shall

, and, in any other county, may, establish å ians' court, to consist of one or more judges, who shall be learned in ich court shall exercise all the jurisdiction and powers now vested in, y hereafter be conferred upon the orphans' courts ; and, thereupon, the of the judges of the court of common pleas within such county, in rt proceedings, shall cease and determine. In any county in which phans' court shall be established, the register of wills shall be clerk of ) and subject to its directions, in all matters pertaining to his office: int assistant clerks, but only with the consent and approval of said uccounts filed with him as register or as clerk of the said separate rt, shall be audited by the court without expense to parties, except ities in interest in a pending proceeding shall nominate an auditor, urt may, in its discretion, appoint. In every county, orphans' courts

all the powers and jurisdiction of a register's court; and separate rts are hereby abolished.

131. Senators and representatives, and all judicial,(r) state and county officers, Art. 7. Sect. 1. shall

, before entering on the duties of their respective offices, take and subscribe Official oaths. (9) Process must go in the name of the common- (n) A member of the house of representatives, who wealth of Pennsylvania ; but it is immaterial, in what votes in favor of prosecuting an impeachment, is not part of the precept the commonwealth is introduced, thereby disqualified, if subsequently elected a senator, 80 that the command be given in its name. White v. from sitting on the trial thereof. Addison's Trial Commonwealth, 6 Binn. 184.

21-8. Porter's Trial 53. (h) The proper conclusion of an indictment is, (0) A president judge is liable to impeachment, for

against the peace and dignity of the commonwealth preventing one of his associates from delivering his of Pennsylvania.” Rogers v. Commonwealth, 5 S. & opinion to a grand or petit jury, upon a matter before R. 463. & conclusion " against the peace of the state, the court. Addison's Trial 16, 17, 114, 151. The prethe government and dignity of the same," is defective. siding judge is the proper organ of the court, to Commonwealth v. Jackson, 1 Gr. 262-3. Common- express its opinion; but each member has a right, and wealth v. Paxton, 14 Phila. 665.

it is his duiy, to deliver his sentiments upon every This does not empower the supreme court to subject that occurs in court. Ibid. 114. Commonreview the discretion of the court below in refusing wealth v. Addison, 4 D. 225. See Porter's Trial 61. a new trial. McGinnis v. Commonwealth, 102 P. S. 66. (p) A conviction of the offence of bribing an elector

(k) See Commonwealth v. Maxwell, 27 P. S. 444. to vote for him, does not disqualify a sheriff from People v. Coroles, 13 N. Y. 350.

exercising the duties of his office. Commonwealth v. 2. This does not repeal prior special laws. Bright Sharer, 3 W. & S. 338. A conviction for misbehavior V. Oakdale Coal and Mining Co., 10 Phila. 609. And in office required the removal of the officer convicted, Bee Lehigh Iron Co. v. Lover Macungie Township, 81 and this must be part of the judgment. Common2. 8. 182. Wattson v. Chester and Delaware River wealth v. Harris, i'Leg. Gaz. R. 455. Railroad Co., 83 Ibid. 254. Allegheny County v. Gib- (9) Houseman v. Commonwealth, 100 P. S. 222. son, 30 Ibid. 397.

Lane v. Commonwealth, 103 P. S. 481. Commonwealth (m) The act 22 April 1874, excepting parties v. Stokley, 44 Leg. Int. 462. "acting in a fiduciary capacity from the right to (r) See Eakin v. Raub, 12 S. & R. 353. It is from e fer a civil suit, is in violation of this

section. Camp- this clause, the courts derive their power to declare bell v. County, 24 W. N. C. 107.

all, 2 W. N. C. 210. impose a state tax upon his salary, to be deducted at P. S. 298.

the treasury, before payment. Commonwealth v. institutionally provide Mann, 5 W. & S. 403. ople shall be ex officio (6) See Shepherd v. Commonwealth, 1 S. & R. 1. erent territorial juris- (c) The legislature cannot vest the determination yngham, 65 P. S. 76. of legal rights in a court of equity, so as to exclude ubolish a judicial dis- the constitutional right of trial by jury. North f office the president Pennsylvania Coal Co. v. Snowden, 42 P. S. 488. f his term. Common- Haines's Appeal, 73 Ibid. 169.

(d) Application for Board of Assessors, 7 Leg. Gaz iminish the compensa- 117.

[graphic]

an act of assembly to be unconstitutional. Emerick

salary has been (e) See French v. Commonwealth, 78 P. 8. 339.

they

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