court of the several cities of this commonwealth, shall have exclusive jurisdiction of all offences committed within the limits of their respective cities, which, by any existing law, or any law hereafter to be passed, are or shall be indictable in the court of Quarter Sessions of the proper county, unless by the terms of the law, expressly deprived of such jurisdiction:

"VI. The said courts shall also have and exercise such other jurisdiction and powers, not herein enumerated, as may have been heretofore given to them by law:

"Section 17. Whenever any indictment shall be found in any court of Quarter Sessions, for any crime or offence not triable therein, it shall be the duty of such court to certify the same into the court of Oyer and Terminer next to be holden in such county, there to be heard and determined in due course of law.

"Section 18. The judges of the county courts of Oyer and Terminer, and Quarter Sessions, and every of them, shall have power to direct their writs or precepts, to all or any of the sheriffs, or other officers of any of the counties, cities, boroughs, or towns corporate of this commonwealth, or arrest and bring before them, persons indicted for felonies or other offences, and amenable to the respective court.

"Section 19. The jurisdiction of the several Orphans courts shall extend to and embrace

"I. The appointment, control, removal and discharge of the guardians of minors, and the settlement of their ac

counts.

"II. The removal and discharge of executors and administrators, deriving their authority from the register of the respective county, and the settlement of their accounts. "III. The distribution of the assets and surplusage of the estates of decedents, after such settlement among creditors, and others interested:

"IV. The sale of real estates of decedents:

"V. The partition of the real estates of intestates among the

heirs:

"VI. The specific execution of contracts made by decedents, to sell and convey real estate of which such decedent shall die seized:

"VII. Proceedings for the recovery of legacies:

"VIII. All cases within their respective counties, wherein execu

tors, administrators, guardians or trustees may be possessed of, or are in any way accountable for, any real or personal estate of a decedent.

"And such jurisdiction shall be exercised under the limitations, and in the manner provided by law.

"Section 20. Each of said courts shall have power to award process, to levy and recover such fines, forfeitures, and amercements as shall be imposed, taxed, or adjudged by them, respectively.

"Section 21. Each of the said courts shall have full power and authority to establish such rules for regulating the practice thereof respectively, and for expediting the determination of suits, causes, and proceedings therein, as in their discretion they shall judge necessary or proper: Provided, That such rules shall not be inconsistent with the constitution and laws of this commonwealth.

"Section 22. Each of the said courts is empowered to issue writs of subpoena, under their official seal, into any county of this commonwealth, to summon and bring before the respective court, any person, to give testimony in any cause or matter depending before them, under the penalties hitherto appointed and allowed in any such case by the laws of this commonwealth.

"Section 23. The power of the several courts of this commonwealth to issue attachments, and to inflict summary punishments for contempts of court, shall be restricted to the following cases, to wit:

"I. To the official misconduct of the officers of such courts, respectively:

"II. To disobedience or neglect by officers, parties, jurors or witnesses of or to the lawful process of the court: "III. To the misbehaviour of any person in the presence of the court, thereby obstructing the administration of justice. "Section 24. The punishment of imprisonment for contempt, as aforesaid, shall extend only to such contempts as shall be committed in open court, and all other contempts shall be punished by fine only.

"Section 25. Provided, That the court may order the sheriff, or other proper officer, to take into custody, and commit to jail, any person fined for a contempt, until such fine shall be paid or

discharged; but if such person shall be unable to pay such fine, he may be committed to prison by the court, for any time not exceeding three months.

"Section 26. No publication out of court, respecting the conduct of the judges, officers of the court, jurors, witnesses, parties, or any of them, of, in, or concerning any cause depending in such court, shall be construed into a contempt of the said court, so as to render the author, printer, publisher, or either of them, liable to attachment, and summary punishment for the same.

"Section 27. If any such publication shall improperly tend to bias the minds of the public, or of the court, the officers, jurors, witnesses, or any of them, on a question depending before the court, it shall be lawful for any person who shall feel himself aggrieved thereby, to proceed against the author, printer, and publisher thereof, or either of them, by indictment, or he may bring an action at law against them, or either of them, and recover such damages as a jury may think fit to award.

"Section 28. Provided, That notwithstanding any thing hereinbefore contained, the several courts aforesaid, shall have power to make rules on sheriffs and coroners, for the return of all process in their hands, and for the payment of money, or delivery of any article of value in their possession, according to their respective duties, and also, to make rules upon attorneys for the payment of money, and the delivery of deeds, and other papers in their hands, belonging to their clients, and in every such case to enforce obedience to such rules, by attachments; and the courts shall have the same power against former sheriffs and coroners, if application be made for the purpose, within two years after the termination of their offices respectively.

"Section 29. This act shall go into effect on and after the first day of September next."

CHAPTER VII

Laws passed under the Constitution of 1838

The convention to frame a constitution to submit to the people began its session May 2, 1837. It adjourned to Philadelphia and completed its labors February 22, 1838. The constitution was ratified by the people of the State by a vote, 113,971 for it and 112,759 against it-In American Charters, Constitutions and Organic Laws by Thorpe, Vol. 5, page 3104. This constitution makes few changes pertaining to the Supreme Court. (Thorpe, 3109-3110.)

"ARTICLE V

"Section 1. The judicial power of this commonwealth shall be vested in a supreme court, in courts of oyer and terminer and general jail delivery, in a court of common pleas, orphans' court, registers' court, and a court of quarter sessions of the peace for each county, in justices of the peace, and in such other courts as the legislature may from time to time establish.

"Section 2. The judges of the supreme court, of the several courts of common pleas, and of such other courts of record as are or shall be established by law, shall be nominated by the governor and, by and with the consent of the senate, appointed and commissioned by him. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well. The president judges of the several courts of common pleas, and of such other courts of record as are or shall be established by law, and all other judges, required to be learned in the law, shall hold their offices for the term of ten years, if they shall so long behave themselves well. The associate judges of the courts of common pleas shall hold their offices for the term of five years, if they shall so long behave themselves well. 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 branch of the legislature. The judges of the supreme court and the presidents of the several courts of common pleas shall, at stated times,

receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth.

"Section 4. The jurisdiction of the supreme court shall extend over the State, and the judges thereof shall, by virtue of their offices, be justices of oyer and terminer and general jail delivery, in the several counties.

"Section 6. The supreme court, and the several courts of common pleas, shall, beside the powers heretofore usually exercised by them, have the powers of a court of chancery, so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the State, and the care of the persons and estates of those who are non compos mentis. And the legislature shall vest in the said courts such other powers to grant relief in equity as shall be found necessary; and may, from time to time, enlarge or diminish those powers, or vest them in such other courts as they shall judge proper, for the due administration of justice.

"AN ACT

"Supplementary to an act entitled 'An act relative to the organization of courts of justice' passed the fourteenth day of April, Anno Domini, one thousand eight hundred and thirty-four.”

Approved February 8, 1842, Laws of Pennsylvania 1842, page 9. "Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the county of Lancaster is hereby annexed to the eastern district of the supreme court of Pennsylvania, and all process hereafter issued from the said court to the said county of Lancaster shall be returned to the said eastern district, and all and singular the records, papers and documents of the supreme court of the middle district connected with any cause removed thereto from the said county and remaining therein shall be removed to and deposited in the office of the prothonotary of the Supreme Court in the eastern district.

"Section 2. All causes and proceedings now depending and undetermined in the Supreme Court for the middle district removed or brought into the same, from the said county, shall be deemed to be depending before the said court in the eastern