DETECTIVES. See DISTRICT-ATTORNEYS; REWARDS. 1. Not to carry on business without license. Penalty. 2. Quarter sessions to grant license. Fee. Term. Qualifications. Bond. 3. Application to be filed for two weeks. Public notice. 4. Power to serve warrants. 1. Any person or persons who shall engage in the business of a detective for hire 28 May 1887 § 1. or reward, or who shall advertise his or their business to be that of a detective, or P. L. 173. as conducting a detective agency, without having first obtained a license so to do Detectives not to from the court of quarter sessions of the county wherein the principal office of such carry on their busidetective or such agency is located, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars and to suffer imprisonment not exceeding one year. ness without a license. Penalty. Ibid. § 2. Quarter sessions 2. It shall and may be lawful for the court of quarter sessions, within which the principal office of any person or persons intending to conduct the business of a detective or detective agency shall be located, to issue a license to such person or to grant license. persons applying therefor for the purposes specified in section one of this act, upon the payment of a fee of twenty-five dollars, for the use of said county, which license License fee. shall extend for the period of three years, and shall be revocable at all times by the Term. court of quarter sessions, or any judge thereof, upon cause shown; but no such Qualifications. license shall be granted until satisfactory proof of the competency and integrity of such person or persons shall have been made to the court by petition or otherwise, and until a bond shall have been entered, with approved security, in the sum of two thousand dollars, by such person or persons, conditioned for the faithful and legal performance of his or their duty. Such bond shall be taken in the name of the Bond. commonwealth; and any person injured or aggrieved by the illegal act of such person or persons may bring suit on said bond, in the name of the commonwealth, to his or their use, leave of said court first being had or obtained for the bringing of such suit or suits. Ibid. 3. Such application for a license shall be filed in the office of the clerk of such court for the period of two weeks before the granting of such license, and public notice thereof shall be given by advertisement, once a week for two weeks, in a filed two weeks. newspaper of general circulation in the county. 4. Any person or persons, licensed as aforesaid, shall have the power to serve warrants in criminal cases within this commonwealth. (d) Application to be Ibid. § 8. May serve warrants. Ibid. 5. This act shall not apply to county detective or detectives appointed by the governor of this commonwealth. Nothing in this act shall apply to agents or employés of said business detectives or detective agencies employed temporarily in Application of act. the conduct of their business. DISCONTINUANCE. 1. When suits brought by non-resident plaintiffs will be discontinued. Affidavit. Warrant of attorney. Limitation. Cases of fraud excepted. to be discontinued. 1. In any suit now pending, or hereafter brought, in any court of this common- 10 April 1868 § 1. wealth, by any party residing in another state, against any party residing in this P. L. 23. state, upon the defendant making affidavit that he has a just defence, specifying When suits the same, and that it is not for the purpose of delay, and that the material wit- brought by nonnesses of both parties reside in the county and state in which the plaintiff resides, resident plaintiffs it shall be the duty of the court in which said suit is brought to order and direct Affidavit. a discontinuance of said suit: Provided, The defendant shall deliver to the plaintiff, warrant of attoror his attorney, a power authorizing an attorney, or any attorney of the county and ney. state where the plaintiff resides, to accept service of process in such county and state, also a warrant of attorney authorizing any attorney of any court of record in the United States to appear for him and confess judgment against him, in any court of the United States for the amount which may be recovered in any action upon which service of process may have been accepted by virtue of the preceding power of attorney: And provided, That such discontinuance shall not Limitation. be ordered, if by the laws of the state in which plaintiff resides, the right of action would be barred at the time such application is made; and the costs already accrued shall abide the result of the action: And provided further, That this act Cases of fraud exshall not apply to cases in which the defendant is about removing, or disposing of cepted. his property with intent to defraud his creditors.(e) (d) The county is not liable for the costs in cases where a detective lodges information and serves warrants and the defendants are discharged. Kerschner v. County, 8 C. C. 347. (e) Quære? Whether this act does not violate the constitution of the United States, art. iv. § 2, cl. 1. See Corfield v. Coryell, 4 W. C. C. 380-1. 8 May 1850 § 1. P. L. 654. District-attorneys to be elected. 10. Not to enter nol. pros. without leave of court, in writing. 11. Proceedings in case of official misconduct. 12. Mode of proceeding. 13. When private counsel to be allowed to prose cute. Powers of the courts. 14. Power to appoint special detectives. 16. Court to fix their salaries. III. MISDEMEANORS. 17. Misdemeanors by district-attorneys punished. 18. Mode of proceeding against district-attor neys. I. Their election and qualifications. 1. The qualified voters of the city and county of Philadelphia, and of each and every county in the state, shall, at the general election on the second Tuesday of October next, and every three years thereafter, elect one person, learned in the law, who has been two years admitted to the bar,(g) and who shall have resided in the county for which he is elected for one year next preceding his election, who shall be called the district-attorney of said county. 8 May 1850 § 1. P. L. 654. Term of office. P. L. 15. 2. No person shall be eligible to the office of district-attorney of any county 26 April 1888 § 1. within this commonwealth, unless he shall have been admitted to practice, as an attorney, in the courts of some county within this commonwealth, for at least two Qualifications. years preceding his election. 3 May 1850 § 2. P. L. 654. 3. The return-judges of the said city and county, and of each county in the state, shall, when they meet as now required by law, faithfully add up the votes given at said election for district-attorney, and he who has the highest number of Duties of returnvotes shall be declared duly elected; and they shall make out duplicate certificates, judges. one of which shall be delivered to the person thus declared elected, and the other to the prothonotary of the court of common pleas of the proper county and on the first Monday of November after said election, the person who is legally elected shall appear in the court of common pleas of said county, if in session, and if not, then at the next session of said court, and then, in open court, take and subscribe the same oath or affirmation as is required to be taken by the attorney-general, (h) which oath shall be entered upon the records of said court. District-attorneys to take oath of office. Ibid. § 8. tions, how deter 4. All elections of district-attorney shall be contested and decided in the same manner as is now provided by law for contesting the election of county officers ;(i) and if any vacancy shall occur, either by death, resignation, removal from office Contested elecor from the county or otherwise, the judges of the court of common pleas shall mined. supply such vacancy by the appointment of a competent person to fill the office until the next general election: Provided, Such vacancy happens thirty days before; if not, then until the next general election thereafter, and until a successor is duly elected and qualified. How vacancies supplied. Ibid. § 6. 5. No district-attorney shall be eligible to a seat in the legislature, or to any other office under the laws and constitution of the state, during his continuance in To be ineligible to office.(k) any other office. Ibid. § 7. When deputy may 6. If, in case of sickness, or from any other cause, the district-attorney shall be unable to attend to the duties and business of the term of a court, he shall have authority to appoint some competent attorney of the county, with the appro- be appointed. bation of the court, to act as his deputy for one term, but for no longer period. 7. It shall be the duty of the court of quarter sessions of any county, to 26 April 1855 § 1. appoint a district-attorney for the time being, in all cases where the district-attorney shall be absent from the court; which person so appointed, shall perform all Court to appoint the duties of the office, until the regular district-attorney shall appear in person to in absence of the perform the same. 8. The true intent of the act of May 3d, 1850, providing for the election of district-attorney, shall be held to be, that any person elected to fill a vacancy in the office of district-attorney, shall hold his office for the full term of three years. II. Their powers and duties. P. L. 308. proper officer. 18 April 1859 § 1. P. L. 617. Vacancies to be filled for the full term. 3 May 1850 § 1. P. L. 654. 9. The officer so elected shall sign all bills of indictment, and conduct in court all criminal or other prosecutions in the name of the commonwealth, or when the state is a party, which arise in the county for which he is elected, and perform all Duties of districtthe duties which now by law are to be performed by deputy attorney-generals ;(1) attorney. and receive the same fees or emoluments of office: Provided, Said district-attorney Not to enter nolle shall in no case whatever have authority to enter nolle prosequi in any criminal case, prosequi, without either before or after bill found, or to discharge a prisoner from custody, without writing. first having obtained the approbation of the court, in writing. leave of court in 10. No district-attorney shall, in any criminal case whatsoever, enter a nolle 31 March 1860 § 29. prosequi, either before or after bill found, without the assent of the proper court in P. L. 437. writing first had and obtained.(m) 11. If any district-attorney shall wilfully and corruptly demand, take or receive 31 March 1860 § 17. any other fee or reward than such as is prescribed by law, for any official duties P. L. 888. required by law to be executed by him in any criminal proceeding; or if such Proceedings in district-attorney shall be guilty of wilful and gross negligence in the execution of conduct. (g) This was altered by act 11 February 1852, P. L. 45; and repealed as to Dauphin county, by act 2 May 1873, § 7, P. L. 668; but re-enacted by act of 1883, infra 2. (h) Constitution, Art. VII. (i) See Kneass's Case, 2 Pars. 553. (k) By act 30 January 1871, this act is not to disqualify them from holding an office or commission in the militia. P. L. 13. (1) Gilroy v. Commonwealth, 14 W. N. C. 428. In a proper case, he may send a bill of indictment to the grand jury, without a previous binding over; but this power should be exercised under the supervision of the court. Rowand v. Commonwealth, 82 P. S. 405. Commonwealth v. English, 11 Phila. 439. Commonwealth v. Long, 1 Del. Co. R. 50. case of official mis (m) The act 29 March 1819, § 4, provided, that after indictment found by the grand jury, it should not be lawful for the attorney-general to enter a nolle prosequi thereon, except in the cases of assault and battery, fornication and bastardy, on agreement between the parties, and in prosecutions for keeping tippling-houses, with the consent of the court. 7 Sm. 227. The act 31 March 1860 still further restricts the powers of the district-attorney, but it does not appear to confer on him the right to enter a nolle prosequi, even with the consent of the court, in cases in which it was previously forbidden. See Berks County v. Pile, 18 P. S. 497. Schwamble v. Sheriff, 22 İbid. P. L. 388. 31 March 1860 § 17. the duties of his office, he shall be guilty of a misdemeanor in office, and on conviction thereof, be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment, not exceeding one year, and his said office shall be declared vacant. Upon complaint in writing, verified by the oath or affirmation of the party aggrieved, made to the court in which any district-attorney shall prosecute the pleas of the commonwealth, charging such district-attorney with wilful and gross negligence in the execution of the duties of his office, the said court shall cause notice of such complaint to be given to the said district-attorney, and of the time fixed by the said court for the hearing of the same. If, upon such hearing, the court shall be of opinion that there is probable cause for the said complaint, they shall bind over or commit the said district-attorney to answer the same in due course of law. If the court shall be of opinion that there is no probable cause for such complaint, they shall dismiss the same, with reasonable costs, to be assessed by the court. Ibid. § 18. Mode of proceeding against districtattorneys for offi cial misconduct. 12 March 1866 § 1. P. L. 85. When private counsel to be allowed to prosecute. Powers of the courts. 19 May 1874 § 1. P. L. 219. Power to appoint special detective. 13 April 1876 § 1. P. L. 28. 12. If any district-attorney shall be charged, according to law, with any crime or misdemeanor, before, or bound over or committed by any court, to answer for wilful and gross negligence in the execution of the duties of his office, it shall be the duty of the court to appoint some competent attorney thereof, to prepare an indictment against such district-attorney, and to prosecute the same on behalf of the commonwealth, until final judgment; to whom a reasonable compensation, to be fixed by the court, shall be paid for his services, out of the county treasury. If such district-attorney shall be convicted of any crime, for which he may be sentenced to imprisonment, by separate or solitary confinement at labor, in addition thereto, his said office shall be declared vacant by the court passing such sentence. 13. If any district-attorney within this commonwealth shall neglect or refuse to prosecute, in due form of law, any criminal charge, regularly returned to him, or to the court of the proper county; or if, at any stage of the proceedings, the district-attorney of the proper county and the private counsel employed by the prosecutor should differ as to the manner of conducting the trial, it shall be lawful for the prosecutor to present his or her petition to the court of the proper county, setting forth the character of the complaint, and verify the same by affidavit; whereupon, if the court shall be of the opinion that it is a proper case for a criminal proceeding or prosecution, it shall be lawful for it to direct any private counsel employed by such prosecutor to conduct the entire proceeding, and where an indictment is necessary to verify the same by his own signature, as fully as the same could be done by the district-attorney; (n) and this act shall apply to all criminal proceedings heretofore commenced and still pending, as well as to those which shall be instituted hereafter. 14. It shall be lawful for the district-attorney of any county in this commonwealth, with the approval of the court of quarter sessions of the proper county, whenever said court and district-attorney may deem it necessary, to appoint an officer as a special detective, whose duty it shall be to assist in obtaining such evidence as shall be directed by the district-attorney for the commonwealth, in all criminal cases, and perform such other duties as the court may direct. 15. The special detective officer, within the respective counties of this commonwealth, appointed under the act approved May 19th, 1874, entitled "An act to Powers of special provide for the appointment of a special detective officer in any of the several counties of this commonwealth," shall be a general police officer, and shall have all the powers that are now conferred on constables, by the existing laws of this commonwealth, so far as they relate to crimes or criminal procedure. detectives. Ibid. § 2. Court to pay their salaries. 31 March 1860 § 17. P. L. 388. Misdemeanors by 16. It shall be lawful for the court of quarter sessions of the several counties of this commonwealth, to decide upon the pay of the special detective officers of their respective counties, and fix the same at such sum as, under all the circumstances, they may deem just and proper; and shall direct the clerk of said court to certify the same to the county commissioners, who are hereby directed and required to draw their warrant on the treasurer of said county, in favor of said special detective officers for the amount so certified. III. Misdemeanors. 17. If any district-attorney shall wilfully and corruptly demand, take or receive any other fee or reward, than such as is prescribed by law, for any official duties required by law to be executed by him in any criminal proceeding; or if such district-attorneys. district-attorney shall be guilty of wilful and gross negligence in the execution of the duties of his office, he shall be guilty of a misdemeanor in office, and on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars, and to undergo an imprisonment not exceeding one year, and his said office shall be declared vacant. Upon complaint in writing, verified by the oath or affirmation of the party aggrieved, made to the court in which any district-attorney shall prosecute the pleas of the commonwealth, charging such district-attorney with (n) This power is not taken away by the constitution of 1874. Commonwealth v. McHale, 97 P. S. 397. DISTRICT-ATTORNEYS. — DISTURBING PUBLIC MEETINGS. P. L. 388. 681 wilful and gross negligence in the execution of the duties of his office, the said 31 March 1860 § 17. court shall cause notice of such complaint to be given to the said district-attorney, and of the time fixed by the said court for the hearing of the same. If, upon such hearing, the court shall be of opinion that there is probable cause for the said complaint, they shall hand over or commit the said district-attorney to answer the same in due course of law. If the court shall be of opinion that there is no probable cause for such complaint, they shall dismiss the same with reasonable costs, to be assessed by the court. (0) Ibid. § 18. 18. If any district-attorney shall be charged according to law, with any crime or misdemeanor, before, or bound over or committed by any court, to answer for Mode of proceedwilful and gross negligence in the execution of the duties of his office, it shall be ing against disthe duty of the court to appoint some competent attorney thereof, to prepare an trict-attorneys. indictment against such district-attorney, and to prosecute the same on behalf of the commonwealth, until final judgment, to whom a reasonable compensation, to be fixed by the court, shall be paid for his services, out of the county treasury. If such district-attorney shall be convicted of any crime, for which he may be sentenced to imprisonment, by separate or solitary confinement at labor, in addition thereto, his said office shall be declared vacant by the court passing such sentence. DISTURBING PUBLIC MEETINGS. See CRIMES. (0) This and the following section are re-enactments of the fourth and fifth sections of the act 3 May 1850, P. L. 654. The alterations therein, except verbal alterations, are for the better arrangement of the sections; for extending the punishment for extortion to imprisonment as well as fine; and for subjecting a party preferring a complaint against any district-attorney, without probable cause, to the payment of reasonable costs, to be assessed by the court. The original statute bears marks of hasty preparation, and seemed to require re-casting. All its penal provisions, with the additions above expressed, will be found in these sections. Report on the Penal Code 15. |