Gambar halaman
PDF
ePub

to Lands Occasioned by the loss of deeds or writings respecting the same or where they have been defaced or rendered illegible by time or accident."

By the provisions of this act the justices of the Supreme Court were empowered after public notice to take testimony concerning such lost or illegible deed and if the testimony justified it make a decree validating the title of the petitioner. The record so made to be of the same effect as the lost deed.

This law was to be in force only five years from January 1, 1787. It was revived by act approved January 19, 1793, Smith's Laws, page 87, and extended to Courts of Common Pleas.

On September 25, 1786, an act was passed for the more speedy and effectual administration of justice. (2d Vol. Smith's Laws, page 391, “Sect. 1.)

"Whereas the practice of commencing all civil suits and actions in the county Court of Common Pleas hath been found. productive of great delay and expense, in the administration of justice, especially within the city and county of Philadelphia, wherein the number of suits has of late years greatly encreased; For remedy whereof,

"Sect. II. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the Commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That from and after the first day of January, which shall be in the year of our Lord one thousand seven hundred and eightyseven, the Supreme Court shall be holden at Philadelphia four times in every year, that is to say, on the second day of January, April, July, and on the twenty-fourth day of September, unless any of the said days should happen to be on the Lord's day, commonly called Sunday, in which case the said court shall be holden on the day following.

"Sect. III. And be it further enacted by the authority aforesaid, That none of the said terms shall continue longer than fourteen days from the beginning thereof, except the term of January, which shall continue for the space of twenty-one days, if necessary, and no longer.]

"Sect. IV. And be it further enacted by the authority aforesaid, That the justices of the said Supreme Court shall have original jurisdiction and cognizance of all manner of suits, causes and actions, within the city and county of Philadelphia, and shall have

full power and authority to issue, under the seal of the said court, writs of capias adrespondendum, writs of summons, scire facias, attachment, partition, dower, and all other writs and process in and upon the said suits, pleas and actions, directed to the Sheriff (or Coroner, as the case may require) of the said county, and returnable before the said Justices on the first day of the next term.

"Sect. V. Provided always, That no suit or action shall be commenced in the said Supreme Court for any debt or cause which arose before the passing of this act, except suits of the commonwealth, and such wherein the title of land or other real estate may come in question: and if any plaintiff shall bring or commence any suit or action in the said court, and shall not recover thereupon more than fifty pounds, such plaintiff shall not be allowed any costs of suit.

"Sect. VI. And be it hereby declared and enacted, That the Justices of the said Supreme Court have full power and authority, and they are hereby directed to make and establish such rules for regulating the practice of the said court, and expediting the determination of suits, as they in their discretion shall judge necessary.

"Sect. VII. And be it further enacted by the authority aforesaid, That from and after the said first day of January next, no plea, suit or action, brought after the passing of this act, and depending in the county court of Common Pleas in the county of Philadelphia, shall be removed into the said Supreme Court by any writ of certiorari, issued on the part of any plaintiff in the said court of Common Pleas, nor shall any such action or plea be removed, as aforesaid, by any writ of habeas corpus or certiorari, after the same shall have been at issue two terms or more: And in case any such writ shall be presented by any plaintiff, in the said court of Common Pleas, to the Justices thereof, after the day aforesaid, or shall be so presented by any defendant, after the cause hath been at issue two terms or more, the said Justices shall, nevertheless, proceed to hear and determine the said plea or action before them depending.

"Sect. VIII. And be it further enacted by the authority aforesaid, That the prothonotary of the said Supreme Court, and such other discreet persons as the Justices of the same court shall, from time to time, nominate and appoint, shall be, within the counties where they respectively reside, commissioners of bail,

and they are hereby severally empowered to take and receive recognizances of bail, in any suit or action in the same court depending, in the same manner and form as the Judges of the said court may or do take the same, and for the same fee as formerly allowed by law.

"(Sect. IX. And be it further enacted by the authority aforesaid, That the prothonotary of the said Supreme Court shall pay into the hands of the Treasurer of the state, for the support of government, the sum of seven shillings and six-pence upon every writ of capias ad respondendum, summons or other writ, whereby any suit or action shall be commenced in the said court, by virtue of this act.)

"(Sect. X. And whereas the difficulty and importance of the questions that frequently arise in the said court of Common Pleas for the county of Philadelphia, render it necessary that a person of legal knowledge and abilities should constantly preside in the said court:)

"(Sect. XI. And whereas the principles of justice, and the directions of the constitution, require that a compensation be provided, in some measure adequate to the services, which shall be rendered to the public by the said President :)

"(Sect. XII. Be it therefore enacted by the authority aforesaid, That, from and after the passing of this act, there shall be paid for every writ issued out of the said court( writs of subpœna, venire facias, and writs at the suit of the commonwealth, excepted) by the person suing out the same, the sum of one shilling, over and besides the usual and customary fees; and that from and after the first day of January aforesaid, the like sum shall be paid by the plaintiff for every rule of reference, which shall be made and entered into, in any action in the same court depending, which sums shall be received by the Prothonotary, and by him accounted for and paid, quarterly, to the president of the said court.)"

"A SUPPLEMENT

"To the act entitled 'An act for the more speedy and effectual administration of justice.'

2nd Volume Smith's Laws, page 397. Passed February 28, 1787. "Sect. I. Whereas doubts have arisen respecting the construction of the seventh section of the act, entitled 'An act for the

more speedy and effectual administration of justice:' For removing whereof,

"Sect. II. Be it enacted and it is hereby enacted by the representatives of the freemen of the Commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That nothing the said act shall be taken or construed to prevent any plaintiff or plaintiffs from removing into the Supreme Court, by writ of certiorari, any suit or action, which, by virtue of the said act, cannot be originally commenced in the said Supreme Court, but that every such plaintiff or plaintiffs shall be at liberty to remove into the said court any such suit or action, as they might or could have done, before the passing of the said act."

"AN ACT

"For granting trials at Nisi Prius in the County of Philadelphia.
Vol. 2, Smith's Laws, page 483. Passed March 27, 1789.

"Sect. I. Whereas the periods for holding the several terms of the Supreme Court at Philadelphia have, by experience, been found too short for the despatch of and expediting the business of said court, owing partly to the great length of time necessary to the discussion of many important and complex cases, which have been there determined, whereby many other trials have been unavoidably postponed, and partly to a portion of each term being necessarily allotted for arguments of points of law, and motions in actions removed from the several counties in the state; and it is conceived, that a power in the said court to hold courts of Nisi Prius, for the trial of such issues in fact as are or shall be depending in the said Supreme Court, either by removal, or otherwise, from the city or county of Philadelphia, would greatly expedite the determination of the business in the said Supreme Court, and be a greater relief to such suitors, as should not be able, from want of time, to procure trials at bar:

"Sect. II. Be it therefore enacted, and it is hereby enacted by the representatives of the freemen of the Commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That from and after the passing of this act, the Justices of the said Supreme Court in term time, or a majority of them in vacation, shall be empowered, and they are hereby enjoined, when occasion shall require, to direct the holding of courts of

Nisi Prius in the city of of Philadelphia, for the city and county of Philadelphia, before them, or any one or more of them, on such days and times as they shall nominate and appoint, and, for that purpose to direct the usual process to issue, returnable at such times, during the sitting of the same courts of Nisi Prius, as they shall see fit, for the trial of all such issues in fact as are or shall be depending in the said Supreme Court, in pleas, either civil or criminal, originally instituted in the said Supreme Court, or brought thither by writs of removal, appeals, or otherwise, from any civil or criminal jurisdiction in the city or county of Philadelphia, already erected, or hereafter to be erected; and, generally, to do, execute and perform all and every such acts, matters and things, and put in practice all such powers, authorities, jurisdictions and privileges, as by the present existing laws relative to courts of Nisi Prius for other counties within this commonwealth, or which in any manner respect the same, are enjoined and required of, or are given and granted to, the said Justices of the said Supreme Court, or to any one of the same Justices.

"Sect. III. And whereas rules for the striking of special juries are often taken by defendants in the said court, for the mere purpose of delaying the recovery of undisputed debts, which practice has also a tendency to postpone the determination of litigated causes: It is therefore enacted by the authority aforesaid, That no rule, on the defendant's application, for a trial by special jury in the said Supreme Court, or at Nisi Prius, of any issue, in any of the said civil actions, except in cases where the title to real estate shall be in question, shall hereafter be granted, unless the defendant, or some other person for him, shall previously make and file an affidavit in the said court, that he conceives there is a just and legal cause of defence against the plaintiff's demand in the said action, or against some part thereof.

"Sect. IV. And be it further enacted by the authority aforesaid, That so much of an act of General Assembly, entitled 'An act for the better regulation of juries,' as provides or enacts, 'that every special jury shall be struck thirty days, at the least, before the day of the return of the process for summoning such jury to attend; and that the party entering a rule for such special jury shall forthwith serve a copy thereof on the attorney of the other party, together with a copy of the list of jurors so to be struck,

« SebelumnyaLanjutkan »