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the Secretary of the Commonwealth, in the manner prescribed by the fifth section of this act.

"Section 8. That in the case of the election of any judge of any court of record now existing or hereafter to be created, having jurisdiction over territory lying within and not including all of any county, the return judges of the several election districts within such territory shall constitute a board of return judges with respect to such election, and shall at the time and place of the meeting of the return judges of such county proceed in all respects in relation to such election as is required of the county board in the sixth section hereof, except that they shall lodge one of the duplicate returns in the office of the clerk of said court instead of that of the prothonotary of the Court of Common Pleas.

"Section 9. That on the first Tuesday in November next following any election authorized by this act, the Secretary of the Commonwealth shall in the hall of the House of Representatives, in the presence of the Governor and such other citizens of this Commonwealth as may choose to attend, cause the returns made to him under the provisions hereof to be opened, and the votes cast for judges of the Supreme Court to be accurately computed, and the Governor shall forthwith issue his proclamation declaring so many of the persons voted for for judges of the Supreme Court as shall be required to be elected by this act, and who have received the greatest number of votes, to be duly elected.

"Section 10. That the five persons so declared to be elected at the first election shall meet on the tenth day after the day last above mentioned at the place for holding the Supreme Court at Harrisburg, and shall cause five ballots containing the words 'three years,' 'six years,' 'nine years,' 'twelve years,' and 'fifteen years,' respectively to be put into a box, and shall each severally draw therefrom one ballot, the words upon which shall designate his term of office, and they shall certify the result of such balloting to the Governor.

"Section II. That as soon as practicable after the first Tuesday in November next following any election of judges, the Governor shall grant the persons elected respectively commissions as now required by law to hold their respective offices from and after the first Monday in December next following such election, for and during their respective terms of office as prescribed and limited

by the second section of the fifth article of the Constitution of this Commonwealth.

"Section 12. That in the event of any vacancy occurring in any judgeship in this Commonwealth by death, resignation, removal from office, the failure to elect or otherwise, the Governor shall appoint some suitable person to fill such vacancy until the first Monday in December following the next general election; and the qualified electors shall at the first general election which shall happen more than three calendar months after the vacancy shall occur, elect in the manner hereinbefore provided a suitable person to such office for the unexpired term in the case of a judgeship of the Supreme Court, and for the full term of office in case of any other judgeship.

"Section 13. That the election of any person as judge of the Supreme Court or other judge required to be learned in the law, may be contested on the petition of the qualified voters of this Commonwealth or of the proper district, by the same tribunal and in the same manner and under the same regulations and restrictions prescribed by the act hereinbefore cited for contesting the election of any person as Governor of this Commonwealth.

"Section 14. That the Court of Quarter Sessions of every county shall have jurisdiction to hear and determine all cases in which the election of any person as associate judge shall be contested: Provided, That no judge of any court shall sit as judge thereof during the contest of his own election.

"Section 15. That upon the petition in writing of at least twenty qualified electors of the proper county, verified by the affidavit of at least two of the petitioners, complaining of an undue election or false return of any person as associate judge of any court, the court having jurisdiction shall appoint a suitable time for hearing such complaint, notice of which shall be given to the person returned as elected at least ten days before such hearing; and such court shall have all the powers in the premises conferred upon the Courts of Quarter Sessions by the act hereinbefore cited for the trying of cases of contested elections of county and township officers.

"Section 16. That from and after the passage of this act, the counties of Luzerne, Wyoming, Montour, and Columbia, shall constitute the eleventh judicial district; the counties of Bradford,

Susquehanna, and Sullivan, shall constitute the thirteenth judicial district; the counties of Northumberland, Lycoming, Centre, and Clinton, shall constitute the eighth judicial district; the counties of Tioga, Potter, M'Kean, Elk, and Clearfield, shall constitute the fourth judicial district; and the county of Forrest, when organized for judicial purposes, shall be attached to the eighteenth judicial district: Provided, That the several judges now authorized to hold courts in the several counties above named shall continue to hold the same as heretofore until the first Monday of December next."

"A SUPPLEMENT

"To an act entitled 'An act relative to the jurisdiction and powers of the courts,' passed the sixteenth June, one thousand eight hundred and thirty-six."

Approved April 8, 1852, Laws of Pennsylvania 1852, page 291. "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 nothing contained in the thirteenth section of the act of the sixteenth of June, one thousand eight hundred and thirtysix, relative to the jurisdiction and powers of the courts, shall be construed to prevent the Supreme Court from exercising original jurisdiction in equity, in any of the cases enumerated in the said section, within any of the counties of this Commonwealth, or to prohibit the process of the said court from running into any other county of this Commonwealth, but the said court, when in session in any district, shall exercise original jurisdiction in the cases enumerated in said section, throughout the State, and if not decided before the close of its session in said district, shall cause the same, with all proceedings thereon, to be certified to, and filed for action, with the prothonotary of the Supreme Court, in the district within which said court shall be next in session, and so to be certified from district to district until finally decided upon, and so much of said section as limits the chancery powers and jurisdiction to the Supreme Court, when sitting in banc in the city of Philadelphia, and to the Court of Common Pleas of said city and county, be, and the same is hereby repealed: Provided, That the said court shall not have original jurisdiction, by virtue of this act, to supervise any partnerships or unincorporated

associations or societies: Provided also, That this enactment shall not be construed to repeal the first section of the act of General Assembly, passed May sixth, eighteen hundred and fortyfour, entitled 'An Act further to regulate proceedings in courts of justice, and for other purposes.'

999

"AN ACT

"Relative to the election of judges."

Approved April 27, 1852, Laws of Pennsylvania 1852, page 465. "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 in the event of any vacancy occurring in any judgeship in this Commonwealth by death, resignation, removal from office, the failure to elect, or otherwise, the Governor shall appoint some suitable person to fill such vacancy until the first Monday in December following the next general election, and the qualified electors shall at the first general election which shall happen more than three calendar months after the vacancy shall occur, elect in the manner provided by the act of the fifteenth of April, one thousand eight hundred and fifty-one, entitled 'An Act to provide for the election of judges of the several courts of this Commonwealth, and to regulate certain judicial districts,' a suitable person to fill such office for the full term authorized by the Constitution of this Commonwealth, and so much of any law as is hereby altered or supplied, be, and the same is hereby repealed."

"A SUPPLEMENT

"To an act further to regulate Proceedings in Courts of Justice, and for other purposes."

Approved March 17, 1853, Laws of Pennsylvania 1853, page 685. "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 first section of the act entitled 'An Act further to regulate Proceedings in Courts of Justice, and for other purposes,' approved the sixth day of May, one thousand eight hundred and forty-four, shall not apply, nor be held or construed to apply, to any bill or proceeding in equity, whether now pending or hereafter to be instituted, wherein the Commonwealth is plaintiff or

complainant: Provided, however, that in all such cases it shall be the duty of the court in which the same may be depending, as far as practicable to expedite the final hearing and determination thereof, by such order or orders as they may deem expedient or advisable for that purpose.

"Section 2. That in all proceedings by quo warranto, whether at the suggestion of the Attorney General or any person or persons desiring to prosecute the same, against any association or any number of persons who shall act as a corporation, or shall exercise any of the franchises or privileges of a corporation without lawful authority, or against any corporation which shall forfeit by misuser or nonuser its corporate rights, privileges or franchises, or shall do, suffer, or omit to do, any act, matter or thing, whereby a forfeiture thereof shall by law be created, whether the said forfeiture may be declared by the Legislature or otherwise, or shall exercise any power, privilege or franchise not granted or appertaining to such corporation, the suggestion may be filed, and all proceedings had in the supreme court, wherever the same. may be sitting, and any questions of fact on which an issue may be ordered, shall be tried before a judge of the supreme court, and by jury summoned from any county in which the supreme court shall be sitting at the time of such trial, and proceedings commenced or prosecuted in any district shall be certified to any other district, as may be requisite for the speedy determination thereof."

"AN ACT

"To change the time for holding the terms of the Supreme Court." Approved April 26, 1855, Laws of Pennsylvania 1855, page 305. "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 judges of the Supreme Court shall annually hold four regular terms of the said court, to wit: One for the Eastern district in the city of Philadelphia, commencing on the first Monday of January, and to continue thirteen weeks, if necessary; one for the Middle district at the borough of Harrisburg, commencing on the fourth Monday of April, and to continue eight weeks, if necessary; one for the Middle district at Sunbury, commencing on the third Monday in October, to continue ten

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