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On May 20, 1767, an amendment was passed, (See Duke of Yorke's Laws, page 407), as follows:

"AN ACT

"To amend the act, intituled An act for establishing Courts of Judicature within this Province.

"Whereas it has been found inconvenient for the Judges of the Supreme Court of this Province to ride the Circuit, and to try the Issues joined in the Said Court, in causes removed from the respective Counties of Chester and Bucks, on the days and times appointed for that purpose, in and by the Act of General Assembly of this Province, passed in the Eighth Year of His Majesty George the First, intituled 'An Act for Establishing Courts of Judicature within this Province,' whereby a practice has been introduced of trying all Issues in Fact, joined in Causes which have been removed from the several Counties thereof, into the said Court of the City of Philadelphia, which has often obliged the Parties, Jurymen and Witnesses, to attend from the most remote Parts of the Province at the said City, to their very great and unnecessary Expence and Aggrievance: For Remedy whereof, We, the Representatives of the Freemen of the Province of Pennsilvania, do pray that it may be enacted,

"And be it enacted, by the Honorable John Penn Esq; Lieutenant Governour under the Honourable 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 so much of the said recited Act of General Assembly, as relates to the Governour's appointing and commissionating three Supream Judges only, and to the Nomination and Appointment of the Days and Times for riding to and holding the Circuit and Nisi Prius Courts in the said Counties of Chester and Bucks respectively, shall be, and is hereby declared to be repealed, null and void; and that there shall be four Persons of Known integrity and Ability Commissionated by the Governor of this Province for the Time being, by several distinct Patents or Commissions, under the Great Seal of this Province, to be judges of the Supream Court, one of whom shall be distinguished in his

Commission by the Name of the Chief Justice; and every of the said Judges shall have all the Powers, Rights, Authorities, Jurisdictions and privileges, as are given to the Supream Judges by the above-recited Act of Assembly; and that the said Judges of the Supream Court of this Province shall, and they are hereby enjoined, if Occasion require, to go the Circuit twice in every Year, into the several Counties within this Province, on such Days and Times as they shall nominate and appoint; when and where they, or any one of them, shall try all such Issues in Fact, as shall be depending in the said Supream Court, and removed out of any of the Counties; and generally do, execute and perform, all and every such Acts, Matters and Things, and exercise, use and put in Practice all such Powers, Authorities, Jurisdictions and Privileges, as are enjoined and required of them, or given and granted unto them, in and by the said recited Act of General Assembly.

"And be it further enacted by the authority aforesaid, That the Charges and Expences of the Judges and Clerk of the said Supream Court, with their Servants, in their said Circuit, shall be paid in Manner following: that is to say, all such Expences as shall happen in their Circuit through any of the Counties, where they shall not hold their said Court, shall be paid by the Province; and that all such expenses which shall accrue from the time of their coming into, and during their Continuance in the County, where they shall hold their said Court, by the Treasurer of the same County, out of the County stock, and that they the said Judges and Clerk, with their Servants, shall pass and repass, and shall be conveyed by the Ferrymen over all the several Ferries within this Province, without paying any Ferriage, fee or Reward for the same.

"Provided always nevertheless, That if, after the Publication of this Act, any Plaintiff or Defendant in any Cause, depending in any County Court of Common Pleas, shall remove any such Cause into the Supream Court aforesaid, the Debt or Damages whereof, which shall be found due by Default, Confession, Verdict,or Report of Referrees, shall not amount to the sum of Fifty Pounds, lawful Money of this Province, every such Person so removing such cause, if a Plaintiff, shall not recover any Costs of Suit; or if a Defendant, he shall Pay double Costs, to be awarded by the said Supream Court.

"Provided also, and be it further enacted by the authority aforesaid, That nothing herein contained shall be deemed, con

strued or understood, to prevent the removing any Action of Debt for Rent, Replevin, Ejectment, Tresspass, or any other Plaint or Suit wherein the Title to Land or any other Real Estate, may come in Question.

"And be it enacted by the authority aforesaid, That it shall not be lawful for any Person or Persons, their Heirs, Executors or Administrators, to appeal from the final Sentence or Judgment of the said Supream Court, awarded in any Action or Suit wherein a general Verdict shall be given, or in any other case, but where there shall be a Demurrer to Evidence, or Bill of Exceptions, or where a Writ of Error may legally be brought, and that upon Prayer or Petition made or Exhibited to the said Court for such Appeal, after such general Verdict or final Sentence or Judgment thereon, the said Supream Court shall enter a disallowance of such appeal, and proceed in the same Manner as if none such had been removed or petitioned for, any Thing in the said recited Act of General Assembly to the contrary thereof notwithstanding.

"And in order to compel the due attendance of Jurymen on the said Circuit and Nisi Prius Courts, and all other the Courts within this Province, be it enacted by the authority aforesaid, That if any Person shall, after the Publication of this Act, be duly summoned to attend any Court of Judicature within this Province, to serve on a Jury, or any Inquest required by Law, and shall neglect or refuse to give his attendance on the day, and during the time his service is necessary, every such person, so offending, shall be fined for every such Offence, in the Supream Court, and Court of Oyer and Terminer, by the Judges or Justices thereof, any sum not exceeding Three Pounds; and for every such Offence in the County Court of Common Pleas, or Court of Quarter Sessions of the Peace for any County or City in this Province by the Judges or Justices thereof, any sum not exceeding Forty Shillings, unless such Delinquent shall at the same or next succeeding Court, render to the Judges or Justices thereof, a reasonable Excuse for such Neglect or Refusal, to be allowed by such of them as shall be present, which said Justices are hereby impowered and required, on Failure of such Delinquent to render such reasonable Excuse, to issue a writ to the Sheriff of the County to Levy the said Fines on the Goods and Chattels of every such Delinquent, to be paid to the Overseers of

the Poor of the City, Borough or Township, where he shall reside, to the use of the Poor thereof."

Recorded in Law Book A, Vol. 5, page 213.

Passed May 20, 1767.

The law of 1722 was reënacted in 1731, amended in 1759 and in 1767 continued with slight changes and modifications made necessary by the Constitution of 1776 until the adoption of the Constitution of 1790. (See Duke of Yorke's Laws, page 309.)

July 15, 1776, soon after the Declaration of Independence in accordance with the expressed wish of the Continental Congress, delegates previously elected assembled to frame a Constitution for the Colony of Pennsylvania, which Convention completed its labors Sept. 28, 1776. This Constitution was not submitted to the people for ratification but enacted or adopted, by the delegates to the Convention. The Constitution declared the territory known as Pennsylvania to be a commonwealth. This was the nucleus of subsequent constitutions. (See American Charters Constitutions and Organic Laws by Thorpe, Vol. 5, page 3081.)

This Constitution recognized the Supreme Court and provided that the judges should have fixed salaries and hold their offices for seven years. They could be reappointed at the end of their term. The Supreme Court was given the powers of a Court of Chancery, so far as relates to the perpetuation of testimony, obtaining evidence from places not within this State, and the care of persons and estates of those who are non compos mentis, and such other powers as may be found necessary by future general assemblies not inconsistent with this Constitution. (See Thorpe, Vol. 5, page 3088.)

CHAPTER V

Statutes Passed Under Constitution of 1776

On January 28, 1777, the General Assembly passed a law reinstating and reënacting the laws as they stood in May, 1776, and expressly reënacting the law passed May 20, 1767, before recited. (See Vol. 1, Smith's Laws, page 429-430-431.)

January 2, 1778, an act was passed providing a seal for the Supreme Court. (See Vol. 1, Smith's Laws, page 447.)

March 6, 1778, the Supreme Court were by an act of assembly of said date empowered and directed to hear and determine claims. of persons against estates forfeited for treason. (See Vol. I, Smith's Laws, page 458.)

A supplement to an act, entitled "An Act for establishing courts of judicature (See Vol. 2, Smith's Laws, page 17), passed April 10, 1782.

"Sect. IV. And be it further enacted by the authority aforesaid, That the provision made for the speedy relief of such defendant or defendants as in and by the said recited act is or are mentioned, in the said several Courts of Common Pleas, shall be and the same hereby is, extended to all such defendant or defendants in any suit or action, which shall hereafter be depending in the said Supreme Court of this commonwealth.

"Sect. V. Provided always, That nothing in this act, or in the said recited act, contained, shall be construed, deemed or taken to bar or prevent any such plaintiff or defendant, upon reasonable cause shewn, from being allowed a convenient and sufficient time, under all the circumstances of his, her or their case, to procure such testimony as may be necessary for the support of his, her or their suit, action or defence."

This act is a supplement to the Act of May 22, 1722, extending the privilege to defendants when about to depart from the state of having a special court to try their cases. It was subsequently repealed. (See Vol. 2, Smith's Laws 485.)

March 28, 1786, a law was passed entitled "An act to Empower the Justices of the Supreme Court to Supply Defects in the Titles

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