of June, one thousand nine hundred and eleven, so as to provide that any judge of the Supreme or Superior Court who has served in judicial office for twenty or more years shall be entitled to receive the benefits of said act immediately after his honorable retirement from office, by expiration of term, resignation, or otherwise, whether said service be continuous or not, and extending the provisions of said act to judges of the court of common pleas and orphans' court who have served continuously for twenty years or more, and have reached the age of sixtyfive years, after retirement from office of any of such judges after the expiration of their term, resignation, or otherwise."

Approved June 5, 1917, Laws of Pennsylvania 1917, page 333. "Section 1. Be it enacted, &c., That section one of an act, approved the eleventh day of May, one thousand nine hundred one (Pamphlet Laws, one hundred sixty-five), 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,' as amended by an act, approved the twenty-third day of June, one thousand nine hundred eleven (Pamphlet Laws, one thousand one hundred twentyone), 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,' which reads 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, 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,' is amended 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, 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, 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 years or more, immediately prior to the date of his resignation, and shall have reached the age of sixty-five years, or any judge of the Supreme or Superior Court, so resigning who shall have served in judicial office for twenty years or more, at 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, onehalf 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 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 sixty-five years, and who shall have served continuously in judicial office for twenty 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 reasonably be 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 requirements, 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."

CHAPTER IX

Statutes Creating and Pertaining to the Superior Court

"AN ACT

"To establish an intermediate court of appeal; regulating its constitution, officers, jurisdiction, powers, practice, and its relation to the Supreme Court and other courts; providing for the reports of its decisions, the compensation of the judges and other officers and the practice and costs on appeals from its judgments."

Approved June 24, 1895, Laws of Pennsylvania 1895, page 212.

"Section 1. Be it enacted, &c., That a court of intermediate appeal is hereby established to be called The Superior Court, and to be composed of seven judges learned in the law, who shall be elected by the qualified electors of the State, except as they may be appointed by the Governor under the provisions of this act. Its jurisdiction shall extend throughout the Commonwealth, and the first judges thereof shall be appointed by the Governor before the first day of July, one thousand eight hundred and ninety-five, by and with the advice and consent of the Senate, if in session, and shall hold their office until the first Monday of January, one thousand eight hundred and ninety-six. The term of office of the elected judges of the court shall be ten years, to begin on the first Monday of January following their election.

"The first elected judges of the court shall be chosen at the general election in November, one thousand eight hundred and ninety-five, and the seven candidates who then receive the highest vote shall be declared elected, but no elector may vote, either then or at any subsequent election, for more than six candidates upon one ballot for the said office.

"Succeeding elections for the said office shall be held at the general election preceding the expiration of the term of any judge, or at the proper election following a vacancy by death or otherwise. The vote for said office shall be cast and counted according to law and return thereof shall be made, without delay, by the prothonotary of every county in the State, to the Secretary of the Commonwealth. The Secretary shall thereupon ascertain