of law for that purpose. He shall faithfully perform under the direction of the court all the duties appertaining to his office.

"Section 46. The courts of Quarter Sessions of the several counties of the Commonwealth shall be holden four times in every year; they shall commence, unless it be otherwise specially provided, on the several days appointed for the commencement of the courts of Common Pleas of the respective county; and shall continue during the same time, if the business depending in the said courts, respectively, shall require it.

"Section 47. The judges of the court of Quarter Sessions, for the county of Philadelphia, shall continue the same by adjournment as often and as long as occasion shall require.

"Section 48. The court of Quarter Sessions for the county of Schuylkill shall commence, and be holden on the last Mondays in March, July, October and December, and shall continue one week if the business depending in the said court shall require it.

"Section 49. The courts of Quarter Sessions of the several counties of this Commonwealth are respectively authorized and empowered, to continue their session during such time as may be necessary to complete the trial and sentence of any person, whose trials shall have commenced during the period limited by law for holding the said courts.

"Section 50. The judges of the courts of Quarter Sessions, or any two of them, may hold special sessions when, and as often as occasion shall require.

"Section 51. Special or adjourned sessions of the said court may be appointed at a regular term, or by any two of the judges thereof, in vacation and public notice thereof, and of the time of holding the same, shall be given at the discretion of the said judges. But no business within the jurisdiction of the said courts, requiring the intervention of a grand jury or a petit jury, shall be transacted at any such session.

"V. THE ORPHANS' COURT

"Section 52. There shall also be holden and kept in every county of this Commonwealth a court of record, the name and style whereof shall be The Orphans' Court of the (respective) county.

"Section 53. The judges of the court of Common Pleas of each county, any two of whom shall be a quorum, shall compose the Orphans' court thereof.

"Section 54. Provided, That in case of absence of the president, if any person interested in the business before the court, shall request the same to be continued until the president shall attend, such business shall be continued accordingly.

"Section 55. Every Orphans' Court shall have a seal for the use of the said court, having engraven thereon such words and devices as are inscribed on the seal now in use in the respective court, and such seal may be renewed, under the direction of such court, as often as occasion shall require.

"Section 56. A clerk shall be commissioned for each of the said courts. He shall have the custody of the records, and of the seal of the respective court, and keep the same at the place of holding such court, and in the apartments provided by law for that purpose. He shall faithfully perform, under the direction of the court, all the duties appertaining to his office.

"57. The Orphans' Court of the city and county of Philadelphia, shall be held during every term of the court of Common Pleas of the said city and county, at such times, and as often as the judges thereof shall think necessary or proper, and the Orphans' Court of every other county of this Commonwealth, shall be held during the first week of each term of the court of Common Pleas of the respective county, and at such other times as the judges thereof shall think necessary or proper.

"VI. OF COURTS OF OYER AND TERMINER

"Section 58. A court of Oyer and Terminer and general jail delivery shall be holden four times, annually, in every county, at the several times appointed for holding the courts of Quarter Sessions of the respective county, although no special precept shall have been issued for that purpose; it shall be the duty of the president judge of the court of Common Pleas of such county, with the associate judges thereof, or one of them, unless the judges of the Supreme Court, or some of them, shall be sitting as a court of Oyer and Terminer, in the respective county, to hold such court.

"Section 59. The president and associate judges of the several courts of Common Pleas, are hereby declared to have full power

and authority, also, to hold courts of Oyer and Terminer and general jail delivery, within their respective jurisdictions, from time to time, and at such times as emergencies may require, and as they shall appoint, in pursuance of precepts, by them previously issued for that purpose, in the manner hitherto practised and allowed in this Commonwealth.

"Section 60. The associate judges of the said court, or either of them, in the absence of the president judge, and the president in the absence of both his associates shall have power to open a court of Oyer and Terminer and general jail delivery, and to adjourn the same to such a day as a quorum of the said court can attend, or in case no business shall be made known to such judge or judges, requiring a session of the said court at that time, such judge or judges may adjourn the same without day.

"Section 61. Whenever the judges of the Supreme Court shall hold a court of Oyer and Terminer and general jail delivery, in any county of this Commonwealth, except the counties in which a prothonotary of the said Supreme Court may reside, the prothonotary of the court of Common Pleas of the respective county, shall be, by virtue of his office, clerk of the court of Oyer and Termined, held as aforesaid.

"VII. GENERAL PROVISIONS RELATIVE TO THESE COURTS

"Section 62. No process, plea, suit, action or proceeding, in any of the courts of this commonwealth, shall at any time be discontinued or put without day, by reason of the non-attendance of the justices or judges of the said courts.

"Section 63. In case of the non-attendance of a competent number of judges, to hold any of the courts aforesaid, at the day and place appointed by law for holding the same; also, in case of the subsequent interruption of any court, by the sickness, death or absence of any of the said judges, or by any other cause, any judge shall have power to adjourn the court from day to day, until a quorum be present, or otherwise, as he shall deem expedient.

"Section 64. In case of the non-attendance of all the judges of any of the courts aforesaid, at the day and the place appointed, it shall be the duty of the prothonotary or clerk of the said court, to adjourn the same, from day to day, till one of the judges thereof shall attend; or, upon the order of either of the said

judges, in such case transmitted to him in writing, to adjourn the same to a day by the said judges appointed, or without day. And in case of the inability or absence of such prothonotary or clerk, the service aforesaid shall be performed by the sheriff or coroner of the respective county.

"Section 65. If at the time appointed for holding any of the courts aforesaid, an infectious or contagious disease should prevail at or near the place of holding the same, the said court shall have power to adjourn, and to hold the term thereof at any other place within the respective county; and in case of the Supreme Court sitting in bank at any other place within the respective district.

"Section 66. Whenever the court house, or place appointed by law for the holding of any of the courts aforesaid, shall at any time be unsafe, or shall have been destroyed, when a Circuit court or special court of Common Pleas shall be held during a term of the court of Common Pleas of any county, the said courts shall respectively have power to appoint some other convenient place in the neighborhood of such court house, for the holding of the courts at that term,

"Section 67. Whenever any court shall be adjourned to any day or place, notice thereof shall be given, according to the discretion of the judge or judges of the said court; and all jurors, witnesses, and other persons, bound by recognizances or otherwise to appear at the said court, shall take notice thereof, and appear at the day so assigned to them; and all writs, process, precepts, recognizances, and other proceedings in the said court, or returnable thereto, shall be as good and effectual, to all intents and purposes, as if such court had been held at the time and place at which it was appointed to be holden.

"VIII. OF ATTORNIES

"Section 68. The judges of the several courts of record of this Commonwealth shall respectively have power to admit a competent number of persons of an honest disposition, and learned in the law, to practise as attorneys in their respective courts.

"Section 69. Before any attorney, admitted as aforesaid, shall make any plea at the bar except in his own case, he shall take an oath or affirmation, as follows, viz:

"You do swear or affirm that you will support the constitution of the United States and the constitution of this Commonwealth, and that you will behave yourself in the office of attorney within this court, according to the best of your learning and ability, and with all good fidelity, as well to the court as to the client, and that you will use no falsehood, nor delay any person's cause for lucre or malice.

"Section 70. Every such attorney shall have power to commence, prosecute and defend, all actions and suits in which he may be retained or concerned, from time to time, in the manner and with the effect hitherto allowed and practised.

"Section 71. The attorney for the plaintiff in every action, shall, if required, file his warrant of attorney in the office of the prothonotary or clerk of the court in which such action shall be depending, at the term of the court in which he declares; and the attorney for the defendant shall, if required, file in like manner his warrant of attorney, at the term of the court in which he appears.

"Section 72. If any attorney shall neglect or refuse to file his warrant of attorney in the manner required by law, he shall not be allowed a fee in the bill of costs, nor be suffered to speak in the cause until he shall have filed his warrant.

"Section 73. If any attorney at law shall misbehave himself in his office of attorney, he shall be liable to suspension, removal from office, or to such other penalties as have hitherto been allowed in such cases by the laws of this Commonwealth.

"Section 74. If any such attorney shall retain money belonging to his client, after demand made by the client for the payment thereof, it shall be the duty of the court to cause the name of such attorney to be stricken from the record of the attorneys, and to prevent him from prosecuting any longer in the said court.

"Section 75. No judge of any court of this Commonwealth shall practice as attorney or counsellor in any court of justice in this Commonwealth or elsewhere, nor shall he hold or exercise the office of alderman or notary public.

"Nor shall any alderman or justice of the peace practice as aforesaid, in any case which has been or may be removed from before him by appeal or by a writ of certiorari, or act as agent in any such case.