« SebelumnyaLanjutkan »
Sch. Sect. 28.
Sch. Sect. 24.
Sch. Sect. 25.
Sch. Sect. 26.
Sch. Sect. 27.
Oath of office.
Sch. Sect. 28.
the year 1875, and the present prothonotary of the district court in said county shall be the prothonotary of the said court of common pleas until said date, when his commission shall expire, and the present clerk of the court of oyer and terminer and quarter sessions of the peace in Philadelphia shall be the clerk of such court, until the expiration of his present commission on the first Monday of December in the year 1875.
235. In cities containing over fifty thousand inhabitants, except Philadelphia, all aldermen in office at the time of the adoption of this constitution shall continue
office until the expiration of their commissions; and at the election for city and ward officers in the year 1875, one alderman shall be elected in each ward, as provided in this constitution.
236. In Philadelphia, magistrates, in lieu of aldermen, shall be chosen, as
required in this constitution, at the election in said city for city and ward officers, Magistrates in Philadelphia.
in the year 1875; their term of office shall commence on the first Monday of April succeeding their election. The terms of office of aldermen in said city, holding, or entitled to, commissions at the time of the adoption of this constitution, shall not be affected thereby.
237. All persons in office in this commonwealth at the time of the adoption of this constitution, and at the first election under it, shall hold their respective offices until the term for which they have been elected or appointed shall expire, and until their successors shall be duly qualified, unless otherwise provided in this constitution.(0)
238. The seventh article of this constitution prescribing an oath of office, shall take effect on and after the first day of January, 1875.
239. The terms of office of county commissioners and county auditors, chosen
prior to the year 1875, which shall not have expired before the first Monday of County commis
January in the year 1876, shall expire on that day.
240. All state, county, city, ward, borough and township officers, in office at the
time of the adoption of this constitution, whose compensation is not provided for Compensation of by salaries alone, shall continue to receive the compensation allowed them by law, present oflicers.
until the expiration of their respective terms of office.
211. All state and judicial officers heretofore elected, sworn, affirmed, or in office when this constitution shall take effect, shall severally, within one month after such adoption, take and subscribe an oath or affirmation to support this constitution.
212. The general assembly, at its first session, or as soon as may be after the Proper laws to be adoption of this constitution, shall pass such laws as may be necessary to carry the passed at the first same into full force and effect.
243. The ordinance passed by this convention entitled “ An ordinance for sub
mitting the amended constitution of Pennsylvania to a vote of the electors thereof,” Ordinance for sub- shall be held to be valid, for all the purposes thereof. mitting the con
214. The words " county commissioners,” wherever used in this constitution and
in any ordinance accompanying the same, shall be held to include the commissionCommissioners of ers for the city of Philadelphia. Philadelphia.
245. Adopted at Philadelphia, on the third day of November, in the year of our Lord one thousand eight hundred and seventy-three.
JOHN H. WALKER,
sioners and auditors.
Sch. Sect. 29.
Sch. Sect. 30.
When officers to be sworn.
Sch. Sect. 31.
Sch. Sect. 82.
Sch. Sect. 33.
(0) See Commonwealth v. Kilgore, 82 P. S. 396.
1875, and the present prothonotary of the district court in said county the prothonotary of the said court of common pleas until said date, when mission shall expire, and the present clerk of the court of oyer and terminer rter sessions of the peace in Philadelphia shall be the clerk of such court, : expiration of his present commission on the first Monday of December in 1875. n cities containing over fifty thousand inhabitants, except Philadelphia, nen in office at the time of the adoption of this constitution shall continue mtil the expiration of their commissions; and at the election for city and rers in the year 1875, one alderman shall be elected in each ward, as prothis constitution. i Philadelphia, magistrates, in lieu of aldermen, shall be chosen, as in this constitution, at the election in said city for city and ward officers, ir 1875; their term of office shall commence on the first Monday of April g their election. The terms of office of aldermen in said city, holding, or 0, commissions at the time of the adoption of this constitution, shall not d thereby. ll persons in office in this commonwealth at the time of the adoption nstitution, and at the first election under it, shall hold their respective til the term for which they have been elected or appointed shall expire,
their successors shall be duly qualified, unless otherwise provided in this on.(0) he seventh article of this constitution prescribing an oath of office, shall
LAWS OF PENNSYLVANIA.
ton and after the first day of January, 1875. he terms of office of county commissioners and county auditors, chosen he year 1875, which shall not have expired before the first Monday of in the year 1876, shall expire on that day. ll state, county, city, ward, borough and township officers, in office at the ne adoption of this constitution, whose compensation is not provided for is alone, shall continue to receive the compensation allowed them by law, expiration of their respective terms of office. 11 state and judicial officers heretofore elected, sworn, affirmed, or in en this constitution shall take effect, shall severally, within one month h adoption, take and subscribe an oath or affirmation to support this
See CORPORATIONS; INFANTS; LIMITATION OF Actions; MINING Rights; Roads, HighwAYS
AND BRIDGES; TURNPIKES AND PLANK-ROADS.
SEE MANDAMUS; NEGLIGENCE.
he general assembly, at its first session, or as soon as may be after the of this constitution, shall pass such laws as may be necessary to carry the , full force and effect. he ordinance passed by this convention entitled “ An ordinance for sub he amended constitution of Pennsylvania to a vote of the electors thereof." Teld to be valid, for all the purposes thereof. he words “ county commissioners,” wherever used in this constitution and dinance accompanying the same, shall be held to include the commissione city of Philadelphia. dopted at Philadelphia, on the third day of November, in the year of our thousand eight hundred and seventy-three.
JOHN H. WALKER
1. Ejectment not to abate by death of parties.
8. Actions not to abate by marriage of feme sole 2. Plea in abatement not to be received in partition. plaintiff. Husband may become party.
3. Actions by trustees or assignees not to abate by 9. Assignment of plaintiff's title, not to abate death or removal. Nor by omission to name all of ejectment. them as parties. Omitted parties to be added.
10. Actions for negligence not to abate by death of 1. Executors, &c., may become parties to actions plaintiff. pending, and issue executions.
11. Actions to abate by death of plaintiff, unless 5. Actions, by or against executors, not to abate administration be taken out within a year. 'Notice by death, resignation or removal. Their successors to be given. Proof thereof to be filed." to be made parties.
12. Suits on joint contracts not to abate by the 6. Actions brought by insolvents may be prose- death of one of the joint debtors. To be prosecuted cuted by their trustees.
against his estate. 7. Actions by executors or trustees under a will 13. Dower not to abate by death of plaintiff. not to abate by death, resignation or removal. Their Executors may recover arrearages. successors to be substituted on record.
14. Actions of trespass not to abate by death,
. L. IMBRIE,
1. Vo writ of ejectment shall abate by reason of the death of any plaintiff or 13 April 1807 8 4. defendant, but the person or persons next(a) in interest may be substituted in the 4 Sm. 477. place of the plaintiff or defendant who shall have died, pending the writ.(6)
2. So plea in abatement shall be admitted or received in any suit for parti- 7 April 1807 $ 4. tion,(c) nor shall the same be abated by reason of the death of any defendant.(d) 4 Sm. 400.
(0) See Commonwealth v. Kilgore, 82 P. S. 396.
NOTE. - It has been generally understood, from a (a) On the death of a trustee, his devisees were very early period, that the laws passed prior to the substituted. Hunt v. Crawford, 3 P. & W. 426. And year 1700), were no longer in force; but few persons on death of tenant in tail, the heir-in-tail. Shoeare able to refer to any authority on the subject. On maker v. Hufnagle, 4 W. & S. 437. Where the heir the 28 October 1701, an act was passed, entitled “The has aliened, his alienee. Grant v. Levan, 4 P. S. 420. Law for Confirmation of the Laws of this Govern. And see Robb v. Simpson, 2 W. N. C. 68. Keil v. ment:" 1 Miller's Laws 54: 2 Ibid., Index 73; by this Wolff, 2 T. & H. Pr. § 1847. Jester V. Overseers of act, all the laws passed before the year 1700, with cer- Jefferson, 11. P. S. 510. tain exceptions, were declared to be in force, and were (b) The party next in interest may compelled to ratitied, contirmed and declared to be the Laws of the appear. Darnes v. Welsh, 7 S. & R. 203. Grant v. Province of Pennsylvania, and the residue of said Levan, 4 P. S. 420. prior laws were thereby repealed. This confirmatory (c) Judgment quod partitio fiat, followed by a valuact was repealed by the Queen in Council, on the ī ation and decree of sale, is no bar to another action February 1705, 1 Miller's Laws 72; and as a conse- by another tenant of the same land. Mitchell v. Harquence of this repeal, it has, from that time, been the ris, 2 Clark 13. But see Robinson's Appeal, 62 P. S. general understanding, that such prior laws were no 213. Robinson v. Glancy, 69 Ibid. 89. longer in force.
(d) The death of a plaintif' in partition, after judg
dame all of them
P. L. 77.
ties to actions
P. L. 785.
24 March 1818 8 7. 3. No suit or action now commenced, or hereafter to be commenced, in any of 7 Sm. 182.
the courts of this commonwealth, by [executors or administrators,](e) trustees or Actions by trustees assignees, shall abate, or the judgment which may be entered therein reversed or or assignees, not to set aside, for or by reason of any or all of such Čexecutors, administrators.] trusabate by death or
tees or assignees being dead, either at the time of such suit brought, or during the pendency thereof, or by reason of all or any of them being superseded or removed, (or the letters testamentary or of administration being repealed or annulled,] but the same may be proceeded in to final judgment by the legal representatives, upon
making the proper suggestions upon the record which the case may require ; nor Nor by omission to shall any suit or action abate, or the judgment therein be reversed or set aside, by
the omission to name on the record any one of the party or parties, but in such as parties.
case, the names of the persons so omitted may upon application to the court, be added to the record, (9) and the cause shall thereupon be proceeded in to trial and final judgment, with the same effect as if such names had been originally inserted
upon the record. 24 Feb. 1834 § 26. 4. The executors or administrators of any person who, at the time of his de
cease, was a party, plaintiff, petitioner or defendant in any action or legal proceedExecutors, &c.,
ing, depending in any court of this commonwealth, shall have full power, if the may become par- cause of action doth by law survive(h) to them, to become party thereto,(i) and pending.
prosecute or defend such suit or proceeding to final judgment or decree, as fully as such decedent might have done if he had lived; and if such plaintiff or petitioner die after judgment or decree in his favor, his executors or administrators may proceed to execution thereupon, as such plaintiff or petitioner might have done if he
had lived.(k) Ibid. $ 32. 5. No action or other legal proceedings, commenced by or against executors or
administrators, shall be abated or otherwise defeated, by reason of the death, disActions, by or against executors, missal, resignation or renunciation of any one or more of them, nor by reason of not to abate by the annulling or revoking of the letters or powers granted to them, or any of them; denth, resignation but such suit or proceeding may be prosecuted to final judgment or decree, by or
against such other person or persons as may have been joined with them in the administration, or by or against such person or persons as may be their successors therein, in all cases, in like manner as if no such change had occurred or act been done; and in all cases of the vacancy of the administration as aforesaid, the successors therein shall be made party to such action or proceeding, in a manner pro
vided by the 26th and 27th sections of this act. 16 June 1836 $ 22. 6. No action or other legal proceedings instituted by any such [insolvent] debtor,
and pending at the time of the appointment of a trustee or trustees, as aforesaid, shall abate thereby, but the same shall be continued by and inure to the benefit of such trustee or trustees.
7. In all actions now pending in any of the courts of this commonwealth, or 9 April 1949 $ 18.
which hereafter may be brought, in which executors or trustees, appointed by
or under the authority of any last will and testament, with power over the real or Actions by executors or trustees
personal estate of the testator, are plaintiffs, and any one or more of such plaintiffs
shall have died, or resigned, or been removed, or shall die, resign or be removed, to abate by death, such action shall not thereby abate, but it shall be the duty of the court in which
such action is or shall be pending, to substitute upon the record, in place of the executor or executors, trustee or trustees, whose death, resignation or removal shall have caused the vacancy, any executor or executors, trustee or trustees, who shall have been or shall be legally appointed to supply the same, and the suit or action shall be proceeded in to trial, judgment and execution, in the same manner
as if the plaintiffs had been originally entitled to maintain the action. 12 April 1845 $ 1. 8. No suit or other legal proceeding in any court of this commonwealth, brought P. L. 336.
by a feme sole, now or hereafter pending, shall abate by the marriage of the plaintiff or petitioner, contracted after the commencement of the same; but the husband of such plaintiff or petitioner shall have the power to become a party thereto, and
prosecute the same to final judgment or decree. ment quod partitio fiat, does not abate the writ. From entitled to dower in her deceased husband's lands, hock y. Gustine, 8 W. 121.
may have an account of the rents and profits, although (e) This section is supplied so far as respects exec- dower was not assigned in her lifetime, and no proutors and administrators by act 24 February 1831, ceedings were instituted for that purpose. Paul's $ 32, infra 4; and act 4 May 1852, § 2. P. L. 574. Executors v. Paul, 36 P. S. 270.
(9) This section only extends to actions brought in (i) The executor may be substituted without sci. a representative capacity. Wilson v. Wallace, 8 S. & fa., by suggesting the death upon the record. GemR. 56. See Means v. Presbyterian Church, 3 P. S. 98. mil v. Butler, 4 P. S. 232. Deiser v. Sterling, 10 S. & But names of omitted parties may now be added in R. 119. Fritz v. Evans, 13 Ibid. 16. Reist v. Heilother cases, by act 4 May 1852. P. L. 574.
brenner, 11 Ibid. 132. And an administrator de bonis (h) Since the passage of this act, all personal non may be substituted as plaintiff in a judgment actions survive, except actions for slander, libel, or obtained by the administrator whom he succeeds. wrongs done to the person. Miller v. Wilson, 24 P. S. Lea v. Hopkins, 7 P. S. 385. And the substitution 122. And therefore, the action of trover survives, may be made at any time. Reist v. Heilbrenner, 11 Schott v. Sage, 4 Phila. 87; and replevin, Reist v. S. & R. 131. If no declaration has been filed in the Heilbrenner, 11' S. & R. 131 ; Keite v. Boyd, 16 Ibid. plaintiff's lifetime, it must nevertheless be filed in the 300; and trespass quare clausum fregit, McCallion v. name of the original party, and not in the name of Gregan, 9 Phila. 210; and case for conspiracy to de- the executor. Clow v. Brown, 1 Y. 324. fraud a creditor, Penrod v. Morrison, 2 P. &. W. 1261; (k) An execution, after plaintiff's death, is not and in equity, the personal representatives of a widow void. Duy v. Sharpe, 4 Wh. 339.
P. L. 527.
under a will, not
P. L. 674.
P. L. 570.
9. When the title of a plaintiff in ejectment to lands may have been changed, 21 April 1850 $ 4. by sale or assignment, after action brought, the suit shall not be affected thereby P. L. 591. but the purchaser or assignee may prosecute said action; and the verdict and judg- Ejectinent. ment in said action shall inure to him, in the same manner that they would have inured to said plaintiff if no sale or assignment had taken place; and the purchaser of the real estate in controversy may be substituted on record, by a motion in open court.
10. No action hereafter brought to recover damages for injuries to the person 16 April 1851 § 18. by negligence or default, shall abate by reason of the death of the plaintift; but the personal representatives of the deceased may be substituted as plaintiff, and prosecute the suit to final judgment and satisfaction.
11. In suits now pending or hereafter to be brought in the courts of this state, 5 May 1864 $ 1. if the plaintiff be dead, or shall die during the pendency thereof, and no letters of administration or testamentary have been or shall be taken out in this state, within When actions to one year after the suggestion of the death of said party upon the record, it shall abate by death of not be the duty of the defendant to raise an administrator, for the purpose of plaintité. prosecuting the same, but the said suits shall abate, and the prothonotary of the proper court shall make an entry accordingly: Provided, That the court shall direct a notice to be served on the executors or next of kin of the decedent entitled to administration, one month before such entry shall be made, of which notice affidavit shall be made and filed.
12. In no case now pending, or that hereafter may be brought, on any joint con- 22 March 1861 g 1. tract, note, debt or obligation, whether the same has been or may be commenced by summons, scire facias or otherwise, shall the courts of this commonwealth Suits on joint conentertain any plea or defence upon part of any heir or heirs, executor or executors, tracts not to abate administrator or administrators, that one or more of said joint obligors, contractors, of the joint debtdebtors or promissors has deceased since the commencement of, or pending suit; ors. but the same shall be proceeded in to judgment and execution against the estate of said decedent, as though the said suit or suits had been commenced against their decedent or decedents alone.(l)
13. No action of dower unde nihil habet, hereafter brought or now pending and 14 March 1865 $ 1. undetermined in the courts of this commonwealth, shall abate by reason of the death of the plaintiff therein, but the same may be prosecuted by the executors or Dower not to abato administrators of said plaintiff, who shall be substituted as plaintiffs therein on the by death of plainrecord, on suggestion of the death of the plaintiff, to recover the annual value of the said plaintiff's estate in dower, or the rents, issues and profits thereof, from the time of the decease of the husband, until the date of the death of the original plaintiff in such action.
14. No action or right of action for mesne profits, or for trespass against prop- 12 April 1869 $ 1. erty real or personal, shall abate by reason of the death of the person liable therefor, but suit may be brought and recovery had against the personal representatives of Actions of trespass such deceased person; and if such death occur after suit brought, the personal not to abate by representatives may be substituted for the decedent, and said suit prosecuted to judgment, and the estate
of such deceased person shall be liable to the same extent
P. L. 186.
P. L. 345.
P. L. 27.
as if he were living.
See CRIMES; WITNESSES.
ABSTRACTING PUBLIC RECORDS.
See CRIMES. This act prevents the abatement of a suit pend- against the survivor and the representatives of the
decedent. Dingman v. Amsink, 77 P. S. 114. Or he the filing of the award. Pier v. Oakes, 5'Luz. L. Reg.
& 9 ., c. 25.,, In case of the death of one of two joint debtors; by the act of assembly: Machette v. Mayee, 9 Phila. pendente lite, the plaintiff may proceed to a recovery Ă.
ing before arbitrators, by the death of one or two
See CRIMINAL PROCEDURE: OUTLAWRY.
See COMMON CARRIERS.
I. AT COMMON LAW.
II. IN EQUITY. 1. Account-render may be arbitrated.
5. Courts to have equity jurisdiction in account. 2. Powers of jury. And of the court.
Parties may proceed in equity, or at law. Solicitor's 3. Against executors for legacy.
certificate to be filed.' 4. Auditors to be appointed. Or jury to settle the 6. Jurisdiction enlarged. accouuts. Parties to answer interrogatories. In 7. Tenants in common of mines may have account default of answer, facts to be taken as admitted. in equity. All the tenants in common to be made Parties may be compelled to produce books and parties. How process to be served out of the county. papers.
8. Parties may appeal to the supreme court.
7 Sm. 429.
P. L. 492.
I. At common law. 30 March 1821 $ 1. 1. The act, entitled “ An act regulating arbitrations,” passed the 20th of March
1810,(m) and the several supplements thereto, shall be deemed to extend to actions Account-render of account-render; and the arbitrators appointed by virtue thereof, shall hear, and may be arbitrated. a majority of them determine on the whole merits of the cause, and report the
balance due by either party to the other (n) and shall also make and annex to their report, from the account of the parties, their allegations and proofs, such an account between them as they shall think just; which account shall result in the
balance reported in their award.(0) 4 April 1831 & 1. 2. In all actions of account-render, now pending or to be brought, the jury
before whom the same shall be tried, shall have full power to settle the accounts Powers of Jury. of the parties, and find in favor of the plaintiff, or one or more of the defendants,
such sum or sums as shall appear to be due :(p) and the court in which said action is pending, or any judge thereof, may make such orders upon any of the parties, in relation to books, documents or papers, as may appear to be necessary, for a full and
equitable adjustment of the controversy. 24 Feb, 1834 8 50.
3. It shall be lawful for any person to whom any bequest of money, or other
goods or chattels, may be made by last will or testament, to commence and proseAgainst executors cute an action of debt, detinue, account-render, or an action on the case for the for legacy. recovery thereof, after it becomes due, against the executors of such will, having
in their hands sufficient assets to pay all the just debts of the testator, and the
legacies by him bequeathed. 13 Oct. 1840 $ 18. 4. In all actions of account-render, now pending or which may hereafter be
brought, after it shall have been found, or admitted by the pleadings, that the defendant is liable to account to the plaintiff,(9) it shall be in the discretion of
And of the court.
P. L. 53.
P. L. 7.
(m) Supplied by act 16 June 1836. See “ Arbitra- (0) The arbitrators must annex to their report an tion.
account between the parties resulting in the balance (n) The action of account, at common law, would awarded. Wright v. Guy, 10 S. & R. 227. Montgomonly lie between tro merchants; it was unavailable ery v. Burge, 13 Ibid. 112. An account left at the where the partnership consisted of a larger number. prothonotary's office, on the day after the filing of Appleby v. Brown, 24 N. Y. 143. If a balance be not the award, will not satisfy the statute. Clement v. struck between partners, account-render is the rem- Rohrabach, 15 P. S. 116. edy, unless the partnership be a single transaction. (p) See McFadden v. Ervin, 2 Wh. 40, 41. Knerr v. Hoffman, 65 P. S. 126. And see Griffith v. (9) A formal judgment quod computet is not necWilling, 3 Binn. 317. Irvine v. Hanlin, 10 S. & R. essary. McLean v. Wade, 53 P. S. 176. 221. Tutton v. Addams, 45 P. $. 69–70.