the respective Courts of Common pleas of this province into the next succeeding Supream or provincial Court in Course, that thence process may issue out against the Offenders for levying of such Fines and Amerciaments as shall be unpaid, to the Uses for which they are or shall be appropriated.

"And be it further enacted by the authority aforesaid, That if any Defendant or Defendants in any suit or action, by Reason of his or their suddain Departure out of this province, shall require a more speedy Determination in such action or suit than can be obtained by the common or ordinary Rules of proceedings in any of the said Courts of Common pleas in this province, the said Justices upon application to them made, shall grant to such Defendant or Defendants special Courts, and shall proceed to hear and determine the premises according to the Course and practice of the said Courts of Common pleas, and for the usual Fees therein taken.

"Provided always, That before the said Justices shall grant such special Courts, or proceed to hear and Determine the premises, the Defendant shall give Bail to the plaintiff's action by Recognizance according to the Course and practice of the said Court of Common pleas.

"And to prevent the excessive charges that have of late arisen upon executing Writs of Enquiry of Damages, Be it Enacted, That the Justices who give any Interlocutory Judgment, shall (at the Motion of ye plaintiff or his attorney in the action where such Judgment is given) make an Order, in the Nature of a Writ of Enquiry, to charge the Jury attending at the same or next Court after such Judgmt is given to enquire of the Damages and Costs sustained by the plaintiff in such action: Which Enquiry shall be made, and Evidence given in open Court; and after the Inquest consider thereof, they shall forthwith return their Inquisition under their Hands and Seals; whereupon the Court may proceed to Judgment as upon Inquisitions of that Kind returned by the Sheriff.

"And be it further enacted by the authority aforesaid, That there may be a competent Number of persons of an honest Disposition, and learned in the Law, admitted by the Justices of the said respective Courts, to practice as attorneys there; who shall behave themselves justly and faithfully in their practice: And if they misbehave themselves therein, they shall suffer such penalties

and suspensions as Attornies at Law in Great Britain are liable to in such Cases; By which Attornies Actions may be entered, and Writs, process, Declarations and other pleadings and Records in all such Actions and Suits as they shall respectively be concerned to prosecute or defend from Time to Time, may be drawn, and with their Names and proper Hands signed; Which said Attorneys so admitted may practice in all the Courts of this province without any further or other License or Admittance: And That the Attorney for the plaintiff in every Action shall file his Warrant of Attorney in the prothonotary's Office the same Court he declares: And the Attorney for the Defendant shall file his Warrant of Attorney the same Court he appears; And if they neglect so to do, they shall have no Fee allowed them in the Bill of Costs, nor be suffered to speak in the Cause until they file their Warrants respectively.

"By order of the House,

Passed May 22, 1722.

"JER. LANGHORN, Speaker."

Recorded law book A. vol. 2, p. 297.

This act was repealed or annulled by action of the Governor and Council in 1726, but on Nov. 27, 1731, it was reënacted. (See Duke of Yorke's Laws, page 404.)

"For reviving and continuing the proceedings of the Courts of Judicature within this Province.

"Whereas an Act of General Assembly of this Province, made in the Year One Thousand Seven Hundred and Twenty six, and in the Thirteenth Year of the Reign of his late Majesty King George the First, of Blessed Memory, Entituled An Act for Establishing Courts of Judicature within this Province, which Act, (supposed to supersede or repeal one other Act of Assembly of this Province, Entituled An Act for Establishing Courts of Judicature within this Province, made in the Year One Thousand Seven Hundred and Twenty two) is since Repealed by the King in Council.

"And whereas without some Provision be made for the Confirmation of such Judgments as have been rendered since the Repeal of the said Act, and for the Continuance of such Process as are depending in the several Courts within this Province, many Suitors may be disappointed, and such Judgments may be Re

verst, and the Process upon Indictments or Informations, depending in the several Courts of Pennsilvania, may be discontinued; It is therefore humbly pray'd that it may be Enacted, AND BE IT ENACTED, by the Honourable Patrick Gordon Esq. Lieutenant Governor of the Province of Pennsilvania, &c. by and with the Advice and Consent of the Representatives of the Freemen of the said Province, in General Assembly met, and by the Authority of the same, That no Indictment, Plea, Suit or Actions in which Judgment hath been rendered since the Repeal of the said last recited Act of Assembly, nor any Process thereupon, shall be abated, Quash'd Revers'd or Judged Null or Void, for or by reason of the Repeal of the said Act of Assembly made in the Year One Thousand Seven Hundred and Twenty six; But that the said Judgments, Suits and Process, shall be and are hereby declared to be good and Valid in Law, as if the said Act had never been Repealed: And that no Indictment, Presentment, Action, Suit, Plea, Process, or other Matter now depending in any Court of Record within this Province, shall be discontinued, abated, Quash'd, Null'd or Reversed, for or by reason of the Repeal of the said last mentioned Act of Assembly only: But that the Judges and Justices of the Respective Courts within this Province shall, by Virtue of the said Act of Assembly made in the Year One Thousand Seven Hundred and Twenty Two, now again come in Force, by Repeal of the said Act of the Thirteenth of King George the First, proceed to hear, try, and determine, all Causes Civil and Criminal, now depending; And the Proceedings of the several Courts of Judicature within this Province, Be and are hereby Confirmed; So that no Advantage shall be taken of or for any want of Authority, Defect, Jurisdiction, or Error on such Proceedings, occasioned by such Repeal only; but that all such Defects and Errors, be and are hereby aided, according to the true intent and meaning of the said Act, as if the same had not been Repealed, any Law, Statute or Usage to the contrary notwithstanding.

"Signed by order of the House.

Passed Nov. 27, 1731.

"A. HAMILTON, Speaker."

Recorded law book A. vol. III, p. 1.

September 29, 1759, a supplement to this act was passed. (See Duke of Yorke's Laws, page 405.)

"A SUPPLEMENT

"To the act intituled, 'An act for establishing Courts of Judicature in this Province.'

"For the further Advancement of Justice, and a more certain Administration thereof, BE IT ENACTED by the Honorable William Denny Esquire; Lieutenant Governor under the Honorable Thomas Penn and Richard Penn Esquires, true and absolute proprietaries of the province of Pennsylvania, and Counties of New Castle, Kent and Sussex, upon Delaware, by and with the Advice and Consent of the Representatives of the Freemen of the said province in General Assembly met, and by the Authority of the same, That as soon as conveniently may be, after the publication of this Act, there shall be in every County within this province, five persons of the best Discretion, Capacity, Judgment and Integrity that may be found, and no more, duly appointed and Commissionated by the Governor, or Commander in Chief, for the Time being, under the Broad seal of this Government, who, or any three of them, shall, and they are hereby authorized and required to hold and keep, within their respective Counties, the Court of Record, stiled and called, The County Court of Common pleas, at the same Times of the Year, and at the same places as the said Courts respectively have been heretofore used and accustomed to be held by the Judges of the same; which said Judges, or any three of them, shall hold pleas of Assizes, Scire Facias, Replevins, and hear and determine all manner of Actions, Suits, and Causes, civil, personal, real and mixed, according to the Laws and Constitutions of this province; And shall have, hold andexercise all and every other power, Authority, Jurisdiction and privilege, given and granted to the Judges, of the said County Court of Common Pleas, in and by the Act of Assembly, aforesaid, intituled, 'An Act for establishing Courts of Judicature in this province,' or any other Law of this Government whatsoever; and that each and every person so appointed and commissionated, and each and every of the Judges of the Court, called and stiled, The Supream Court of Pennsylvania, shall have, hold, enjoy and exercise, their several and respective Commissions and Offices aforesaid, quam diu se bene gesserint, And that their respective Commissions shall be granted to them accordingly; Provided always, nevertheless, that it shall and may be lawful for

the Governor, or Commander in Chief for the Time being, to remove them the said Judges of the Supream Court, and County Court of Common Pleas aforesaid, or any of them, from their said respective Offices and Commissions, upon the Address of the Representatives of the people in Assembly met.

"And be it further enacted by the authority aforesaid, That the Judges of the Court of Common Pleas, or any three of them, in each respective County of this province, to be appointed and commissionated by virtue of this Act, and no other persons whatsoever, after the publication hereof shall, and they are hereby Authorized, impowered and required, to hold and keep the Court of Record, in each of the said Counties, called and stiled, The Orphan's Court, instituted and established in and by an Act, entituled 'An Act for establishing Orphan's Courts,' as fully and effectually to all Intents and purposes as the Justices of the peace of each County heretofore have, ought, might, or could do, and that the said Judges of the Common pleas shall have, use, exercise and enjoy all and every the powers, Authorities, Jurisdictions and privileges which are given and granted to the Justices of the Orphan's Court, in and by the said Act of Assembly, or any other Law of this province whatsoever, any Thing in the said Act, or any other Act of Assembly of this province to the contrary notwithstanding.

"And be it further enacted by the authority aforesaid, That the Chief Justice of the said Supream Court shall have and receive for discharging the Duties of his Office the Sum of Two hundred pounds; and each of the other Judges of the said Court the Sum of One Hundred pounds yearly, and every Year during their Continuance in their respective Office, to be paid out of such Monies as shall from Time to Time be raised for defraying the Charges and Exigencies of Government; and that each of the said Judges of the County Court of Common pleas, shall have and receive for every Day he shall sit in the said Court, the Sum of Twenty Shillings, to be paid by an Order from the Commissioners of each respective County, for which the said Judges shall be commissionated, drawn on the Treasurer thereof, out of such Monies as shall be raised from Time to Time for the payment and Discharge of the County Debts, in pursuance of an Act, intituled, 'An Act for raising the County Rates and Levies.'”