ested physicians, from different counties of the State, to examine the said judge; and if the said commission shall report that the said judge is permanently incapacitated to perform the duties of his office, the Governor shall notify the said judge of such finding; and if the said judge shall resign, within thirty days of such notice, he shall receive for the balance of the term for which he was elected, during which he shall live, one-half of the salary which he would have received if he had not resigned; and the vacancy thus created shall be filled in the manner heretofore provided by law in case of vacancies in judicial office,' be and the same is hereby amended so as to read as follows:

"Section 1. Be it enacted, &c., That from and after the first day of January, Anno Domini one thousand nine hundred and twelve, whenever the Governor is of opinion, based upon satisfactory medical evidence, that a judge of the Supreme, Superior, or Common Pleas, or Orphans' Court is, by reason of physical or mental disability, permanently incapacitated for performing his judicial duties, he shall notify said judge of his opinion, giving the reasons therefor; and if the said judge shall resign within thirty days after such notice, and shall hold himself in readiness to advise with his successors and colleagues, and to perform duties as special master, referee, auditor, or examiner, in such ways as he may be reasonably able to do, he shall receive for the balance of the term for which he was elected, if he shall so long live, the salary he would have received had he remained in active service.

"Any judge of the Common Pleas or of the Orphans' Court, so resigning, who shall have served continuously in judicial office for twenty-five years or more, immediately prior to the date of his resignation, and shall have reached the age of seventy years, or any judge of the Supreme or Superior Court, so resigning, who shall have served continuously in judicial office for twenty years or more, immediately prior to the date of his resignation, and who shall hold himself in readiness to advise with his successors and colleagues, and to perform duties as special master, referee, auditor, or examiner, in such ways as he may be reasonably able to do, shall receive during the remainder of his life, after the expiration of his said term, one-half of the salary which he would have received had he remained in active service.

"Any judge of the Supreme or of the Superior Court, who shall have served continuously in judicial office for twenty years or more, and any judge of the Common Pleas or Orphans' Court, who shall have reached the age of seventy years, and who shall have served continuously in judicial office for twenty-five years or more, and who shall hold himself in readiness to advise with his successors and colleagues, and to perform such duties as special master, referee, auditor, or examiner, in such ways as he may be reasonably able to do, after his honorable retirement from office by expiration of term, resignation, or otherwise, shall receive during the remainder of his life one-half of the salary which he would have received had he remained in active service.

"No judge while accepting the benefits of this act shall be entitled to any additional compensation for the performance of any duties assigned to him hereunder, and no such judge shall be obliged to accept an assignment of duty from any court other than the court of which he was a member at the time of his retirement.

"Any judge wishing to take advantage of the provisions of this act may notify the Governor of his desire so to do, or the Governor, on his own initiative, may notify any judge as provided herein.

"All payments under this act shall be made monthly, only upon the certificate of the retired judge that he is not engaged in any remunerative business or employment; or, if the judge himself is unable to make one, upon a certificate to that effect from a competent physician.

"Any judge or judges who have been retired under the act to which this is an amendment are hereby given all the benefits and advantages, and are made subject to the requirement, of this act, to the same extent and with the same effect as if they had been retired under the provision hereof.

"Any vacancy created by a retirement under this act, prior to the expiration of the current term that the judge is filling at the time of such retirement, shall be filled as now provided by law in cases of vacancies in judicial offices."

"AN ACT

"To amend section one of an act, entitled 'An act to authorize the appointment of a deputy and one clerk by the prothonotary of the Supreme Court of the Eastern District, also the appointment of a deputy by the

Supreme Court of the Middle District, and fixing their salaries,' approved the fourth day of May, Anno Domini one thousand nine hundred and five, by changing the salary."

Approved May 1, 1913, Laws of Pennsylvania 1913, page 147.

"Section 1. Be it enacted, &c., That section one of the act, approved the fourth day of May, Anno Domini one thousand nine hundred and five, which provides as follows:

"Section 1. Be it enacted, &c., That the prothonotary of the Supreme Court of the Eastern District is hereby authorized and empowered to appoint a person, who shall be deputy prothonotary, to perform all the duties of the said prothonotary when he shall be absent, or unable to attend to the same by reason of sickness, whose salary shall be two thousand dollars per annum, that the said prothonotary is also authorizezd and empowered to appoint one clerk, whose salary shall be eight hundred dollars per annum,' be and the same is hereby amended so as to read as follows:

:

"Section 1. Be it enacted, &c., That the prothonotary of the Supreme Court of the Eastern District is hereby authorized and empowered to appoint a person, who shall be the deputy prothonotary, to perform all the duties of the said prothonotary when he shall be absent, or unable to attend to the same by reason of sickness, whose salary shall be three thousand dollars per annum."

"AN ACT

"Providing for and regulating appeals, when county auditors have surcharged a county officer, and such surcharge has not been allowed by the court."

Approved June 25, 1913, Laws of Pennsylvania 1913, page 559.

"Section 1. Be it enacted, &c., That whenever the board of auditors in any county shall surcharge, according to law, any county officer, or board of county officers, with any sum or sums of money, deemed by said auditors to have been unlawfully, improvidently, or recklessly expended, and any court of such county shall cancel or annul such surcharge, the board of auditors may, at its option, appeal from the decree or order of such court to the Superior or Supreme Court, as appeals thereto are now regulated by law. In no case shall the board of auditors, or any of them, be personally liable for the costs of any such appeal. If the final decision of the superior or Supreme Court be adverse to

such surcharged officer or officers, he or they shall each be individually liable for all the costs of such appeal. If such final decision shall be in favor of such surcharged officer or officers, the proper county shall pay the costs of such appeal."

"AN ACT

"Providing that hereafter proceedings in equity may be commenced without first filing a bill in equity, by the issuance of a writ of summons, which shall be issued by the prothonotary in the form prescribed by law for writs of summons in personal actions at law, and describing the cause as a proceeding in equity; and, unless and until otherwise provided by the Supreme Court equity rules, such summons shall be returnable and shall be served as writs of summons in personal actions at law are returnable and are served."

Approved June 5, 1915, Laws of Pennsylvania 1915, page 847. "Section 1. Be it enacted, &c., That hereafter proceedings in equity may be commenced, without first filing a bill in equity, by the issuance of a writ of summons, which shall be issued by the prothonotary in the form prescribed by law for writs of summons in personal actions at law, and describing the cause as a proceeding in equity; and, unless and until otherwise provided by the Supreme Court equity rules, such summons shall be returnable and shall be served as writs of summons in personal actions at law are returnable and are served.

"The bill in equity may be filed with the præcipe for the writ, or within ten days after the issuance of the writ. The defendant shall, within thirty days after return of the writ, file his demurrer or answer the bill. In default of compliance therewith, the plaintiff may, at his election, enter an order as of course in the cause that the bill be taken pro confesso. Subject to the provisions of this act, the cause shall proceed according to the equity rules heretofore or hereafter prescribed by the Supreme Court. This act is not intended to prevent the commencing of a suit in equity by the filing of a bill as heretofore provided.

"Section 2. All acts or parts of acts inconsistent with this act are hereby repealed."

"AN ACT

"Allowing appeals from orders of court entered on motions to quash or dissolve writs of foreign attachment."

Approved April 26, 1917, Laws of Pennsylvania 1917, page 102. "Section 1. Be it enacted, &c., That in all cases now pending, or which may hereafter be brought, where a writ of foreign at

tachment has been or shall be dissolved or quashed, or the court has refused or shall refuse to dissolve or quash the same, the party against whom such order is or has been made, or whose interest is affected thereby, may appeal to the Supreme or to the Superior Court, as in other cases. In the case of a refusal to dissolve or quash, the right to appeal shall be immediate, without waiting for the final judgment in the case.

"Section 2. When the appeal is from an order made dissolving or quashing the writ of attachment, and is taken within ten days after such order is made, such appeal shall operate as a supersedeas and the attachment shall continue to bind the property attached. In all such cases bail shall be entered, with sufficient surety, in an amount to be fixed by the court, which will properly secure the damages, if any, by reason of the detention of the property attached. Such bail shall be conditioned that the appeal shall be prosecuted with effect, and that if the appellant be unsuccessful therein he will pay such damages and costs.

"Section 3. Upon the hearing of any such appeal, either now pending or hereafter to be brought, the evidence on which the case was heard and disposed of in the court below, together with the opinion of the court thereon, shall constitute a part of the record. The court to which such appeal is taken shall consider the same and dispose of the case according as the law and the facts shall be found therefrom.

"Section 4. All acts or parts of acts inconsistent herewith are hereby repealed.”

"AN ACT

"To amend section one of an act, entitled 'An act to provide for the removal of judges of the Supreme, Superior, common pleas, and orphans' courts, permanently disqualified by reason of physical or mental disability to perform their judicial functions and duties, with half pay for their unexpired terms, and the filling of vacancies caused by such removal,' approved eleventh day of May, one thousand nine hundred and one, as amended by an act, entitled 'An act to amend section one of an act, entitled "An act to provide for the removal of judges of the Supreme, Superior, common pleas, and orphans' courts, permanently disqualified by reason of physical or mental disability to perform their judicial functions and duties, with half pay for their unexpired terms, and the filling of vacancies caused by such removal," approved May eleventh, one thousand nine hundred and one; so as to allow them full pay during the balance of their terms of office, and, under certain conditions, half pay during the remainder of their lives,' approved twenty-third day