higher than four dollars per volume; and if any reporter, or any vendee of such reporter, or any other person, shall sell any volume of said reports in violation of the provisions of this section, he shall, on conviction thereof, in any court of quarter sessions of the peace, pay a fine of two hundred dollars, one-half thereof to go to the commonwealth, and the other half to the person who prosecutes.

"Section 4. That said reporter shall publish said reports with type, and on paper as good as those of the reports of the decisions of said court, last heretofore published, and shall furnish the same to the public, well bound in law calf binding, and each volume is to contain not less than five hundred and fifty pages.

"Section 5. That the said reporter shall be entitled to receive and enjoy the copy right of said reports, in the same manner as if the same were his own entire original production.

"Section 6. The governor may at any time remove said reporter for incompetency, or a failure to discharge his official duties, on the address of the judges of said court, made to him in writing, and shall have power to fill any vacancy which may occur by death, by an appointment of a reporter to continue for the unexpired term of office, and subject to all the provisions of this

act.

"Section 7. The title of the reports, published under the provisions of this act, shall be 'Pennsylvania State Reports.'

"A SUPPLEMENT

"To the act creating a nisi prius court, in the county of Philadelphia." Approved April 18, 1846, Laws of Pennsylvania 1846, page 378.

"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 so much of the fourth section of the act, passed the twentysixth day of July, one thousand eight hundred and forty-two, entitled 'An Act to incorpoarte the Liberty fire engine company of Holmesburg, in the county of Philadelphia,' as makes it the duty of one of the judges of the supreme court, to hold a court of nisi prius in the city of Philadelphia, on the first Monday of September, in each year, be and the same is hereby repealed; and the other terms of said court are to remain as heretofore."

"AN ACT

"To attach the county of M'Kean to the western district of the supreme court."

Approved March 24, 1848, Laws of Pennsylvania 1848, page 234. "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 M'Kean, after the month of July next, shall be attached to and form a part of the western district of the supreme court, instead of the northern district of said court."

"AN ACT

"Extending the chancery powers of, and to the jurisdiction and proceedings in, certain courts."

Approved April 10, 1848, Laws of Pennsylvania 1848, page 448. "Section 4. The supreme court and the court of common pleas in the city and county of Philadelphia shall have the same jurisdiction and power in all suits now pending, or hereafter to be brought, for the discovery of facts, that are now possessed by courts of chancery."

The constitution of 1838 was amended in 1850, as follows: Article V, Section 2, American Charters, Constitutions and Organic Laws, Thorpe, Vol. 5, page 3117:

"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 elected by the qualified electors of the commonwealth in the manner following, to wit: The judges of the supreme court, by the qualified electors of the commonwealth at large; 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, by the qualified electors of the respective districts over which they are to preside or act as judges; and the associate judges of the courts of common pleas, by the qualified electors of the counties respectively. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well, (subject to the allotment hereinafter provided for, subsequent to the first election); 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: all of whom shall be commissioned by the governor, but for any reasonable cause, which shall not be sufficient grounds of impeachment, the governor shall remove any of them on the address of two-thirds of each branch of the legislature. The first election shall take place at the general election of this commonwealth next after the adoption of this amendment, and the commissions of all the judges who may be then in office shall expire on the first Monday of December following, when the terms of the new judges shall commence. The persons who shall then be elected judges of the supreme court shall hold their offices as follows: One of them for three years, one for six years, one for nine years, one for twelve years, and one for fifteen years, the term of each to be decided by lot by the said judges as soon after the election as convenient, and the result certified by them to the governor, that the commissions may be issued in accordance thereto. The judge whose commission will first expire shall be chief justice during his term, and thereafter each judge whose commission shall first expire shall in turn be chief justice, and if two or more commissions shall expire on the same day, the judges holding them shall decide by lot which shall be the chief justice. Any vacancies happening by death, resignation, or otherwise, in any of the said courts, shall be filled by appointment by the governor, to continue till the first Monday of December succeeding the next general election. The judges of the supreme court and the presidents of the several courts of common pleas shall at stated times receive for their service 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, or under the Government of the United States, or any other State of this Union. The judges of the supreme court during their continuance in office shall reside within this commonwealth, and the other judges during their continuance in office shall reside within the district or county for which they were respectively elected."

"AN ACT

"To provide for the election of judges of the several courts of this Commonwealth, and to regulate certain judicial districts."

Approved April 15, 1851, Laws of Pennsylvania 1851, page 648. "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 qualified electors of each of the several counties of this Commonwealth shall at the next general election, at the times and places of electing representatives, and whenever it shall thereafter become necessary for an election under this act, and under the Constitution of this Commonwealth, vote for five persons at the first election, and at every election thereafter as many as shall be necessary under the provisions hereof, to serve as judges of the Supreme Court of this Commonwealth, one person to serve as president judge of the judicial district in which such county shall lie, and two persons to serve as associate judges of the several courts of such county.

"Section 2. That the qualified electors residing within the jurisdiction of any district court, or other court of record now existing or hereafter to be created by law, shall at the next general election, and whenever thereafter the same shall be necessary, at the times and places for holding such election within their respective election districts, vote for one person for president judge of such court and as many persons for associate judges thereof as shall be required by law.

"Section 3. That the judges of the Supreme Court and the president judges of all other courts of record and the associate judges of the District Court and the Court of Common Pleas of the city and county of Philadelphia and the District Court of the county of Allegheny, shall be learned in the law, and all the aforesaid judges shall be qualified electors of this Commonwealth, and shall be otherwise qualified as required by the second section of the fifth article of the Constitution of this Commonwealth.

"Section 4. That the election for judges shall be held and conducted in the several election districts in the same manner in all respects as elections for representatives are or shall be held and conducted, and by the same judges, inspectors, and other officers;

and the provisions of the act of the general assembly entitled 'An Act relating to the elections of this Commonwealth,' approved the second day of July, one thousand eight hundred and thirtynine, and its several supplements, and all other like laws, as far as the same shall be in force and applicable, shall be deemed and taken to apply to the elections for judges: Provided, That the aforesaid electors shall vote for judges of the Supreme Court on a separate piece of paper, and for all other judges required to be learned in the law on another separate piece of paper.

"Section 5. That at a meeting of the return judges of the several election districts in each county provided for by the act hereinbefore cited, duplicate returns of all the votes given in such county for judges of the Supreme Court, and all judges which the qualified voters of such county are entitled to elect of themselves unconnected with any other county or district, shall be made out by the clerks of the board of return judges, one of which returns the president of said board shall forthwith lodge in the office of the prothonotary of the Court of Common Pleas of such county and the other he shall enclose in an envelope, which envelope he shall seal and direct to the Secretary of the Commonwealth and place in the nearest post office.

"Section 6. That in the case of the election of president judge of any judicial district composed of two or more counties at the meeting of the return judges in each of such counties, the clerks aforesaid shall make out a fair statement of all the votes which shall have been given at such election within the county for every person voted for as such president judge, which shall be signed by said judges and attested by the clerks; and one of said judges shall take charge of such statement and shall produce the same at a meeting of one judge from each of said counties, which meeting shall be held on the seventh day after the election at the court house of one of the counties, to be fixed by taking such counties alternately in their alphabetical order.

"Section 7. That the judges of the several counties having so met shall cast up the several county returns and make a sufficient number of copies of a general return of all the votes given for such office in said district, all of which they shall certify, and one of which they shall lodge forthwith in the office of the prothonotary of the Court of Common Pleas of each of the said counties, and one of which they shall enclose, seal and direct to