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and due notice to attend to strike the same, at the office of the Prothonotary or Clerk of the Court,' shall be, and the same is hereby, repealed, and made null and void."

"AND ACT

"To prevent the granting of special courts on the plaintiff's application. (See Vol. 2, Smith's Laws, Page 485.) Passed March 27, 1789.

"Sect. I. Whereas the granting of Special Courts, on the application of plaintiffs, under pretence of their sudden departure out of this commonwealth, has been found, on experience, to be attended with much injury to the good people thereof, by giving to foreigners an undue preference in the decision of causes: 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 so much of an act of General Assembly of this commonwealth, entitled 'A supplement to an act, entitled "An act for establishing courts of justice in this province," as authorizes or requires the Justices of the Supreme Court, or of any Court of Common Pleas within this commonwealth, to grant to any plaintiff or plaintiffs a special court or courts, or to hear and determine any suit, cause or action, without the usual imparlances, be, and the same is hereby, repealed."

The second Constitution of Pennsylvania was ratified in convention, September 2, 1790, Vol. 3, Smith's Laws, (xxxix) Article 5.

"Sect. 1. The judicial power of the commonwealth shall be vested in a supreme court, in courts of oyer and terminer and general gaol delivery, in a court of common pleas, orpahns' court, register's court, and a court of quarter sessions of the peace for each county, in justices of the peace, and in such other courts as the legislature may, from time to time, establish.

"II. The judges of the supreme court, and of the several courts of common pleas, shall hold their offices during good behaviour. But for any reasonable cause, which shall not be sufficient ground of impeachment, the governor may remove any of them, on the address of two thirds of each branch of the legislature. The judges of the supreme court, and the presidents of the several courts of common pleas shall, at stated times, receive, for their

services, and adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth.

"III. The jurisdiction of the supreme court shall extend over the state; and the judges thereof shall, by virtue of their offices, be justices of oyer and terminer and general gaol delivery in the several counties.

“IV. Until it shall be otherwise directed by law, the several courts of common pleas shall be established in the following manner: the governor shall appoint in each county, not fewer than three, nor more than four judges, who, during their continuance in office, shall reside in such county. The state shall be divided by law, into circuits, none of which shall include more than six, nor fewer than three counties. A president shall be appointed of the courts in each circuit, who during his continuance in office, shall reside therein. The president and judges, any two of whom shall be a quorum, shall compose the respective courts of common pleas.

"V. The judges of the court of common pleas in each county, shall, by virtue of their offices, be justices of oyer and terminer and general gaol delivery, for the trial of Capital and other offenders therein: any two of the said judges, the president being one, shall be a quorum; but they shall not hold a court of oyer and terminer or gaol delivery in any county, when the judges of the supreme court, or any of them, shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such regulations, as shall be prescribed by law, remove the indictment and proceedings, or a transcript thereof, into the supreme court.

"VI. The supreme court and the several courts of common pleas, shall, besides the powers heretofore usually exercised by them, have the power of a court of chancery, so far as relates to the perpetuating of testimony, the obtaining of evidence, from places not within the state, and the care of the persons and estates of those, who are non compotes mentis; and the legislature shall vest, in the said courts, such other powers, to grant relief in equity, as shall be found necessary; and may, from time to time, enlarge or diminish those powers, or vest them in such other

courts as they shall judge proper, for the due administration of justice.

"VII. The judges of the court of common pleas of each county, any two of whom shall be a quorum, shall compose the court of quarter sessions of the peace, and orphans' court thereof: and the register of wills, together with the said judges, or any two of them, shall compose the register's court of each county.

"VIII. The judges of the courts of common pleas shall, within their respective counties, have the like powers with the judges of the supreme court, to issue writs of certiorari to the justices. of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.

"IX. The president of the courts in each circuit, within such circuit, and the judges of the court of common pleas, within their respective counties, shall be justices of the peace so far as relates to criminal matters.

"X. The governor shall appoint a competent number of justices of the peace, in such convenient districts, in each county, as are or shall be directed by law; they shall be commissioned during good behaviour; but may be removed on conviction of misbehaviour in office, or of any infamous crime, or on the address of both houses of the legislature.

"XI. A register's office for the probate of wills and granting letters of administration, and an office for the recording of deeds, shall be kept in each county.

"XII. The style of all process shall be, THE COMMONWEALTH OF PENNSYLVANIA; all prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude, AGAINST THE PEACE AND DIGNITY OF THE SAME."

CHAPTER VI

Statutes Passed Under the Constitution of 1790

At this time there were twenty counties in Pennsylvania. The Act of April 13, 1791, divided them into five circuits as follows: The first circuit to consist of Philadelphia, Bucks, Montgomery and Delaware; the second of Chester, Lancaster, York and Dauphin; the third of Berks, Northampton, Luzerne and Northumberland; the fourth of Cumberland, Franklin, Bedford, Huntingdon and Mifflin; the fifth of Westmoreland, Fayette, Washington and Allegheny. (See act entitled "An Act to establish the judicial courts of this commonwealth, in conformity to the alterations and amendments in the constitution," Vol. 3, Smith's Laws, page 28.)

The first section of this act provides:

"That the Supreme Court shall be established, in the same manner, and with the same powers, as it hath been heretofore established by the laws of this commonwealth, consistently with the provisions made in and by the constitution of this state: PROVIDED NEVERTHELESS, That from and after the thirty-first day of August next, there shall be only three terms of the said court holden in every year; that is to say, one term beginning on the first Monday in January, which term shall continue three weeks, and no longer; another term beginning the first Monday in April; and a third term beginning on the first Monday in September; each of which last mentioned terms shall continue two weeks and no longer: And that the courts of Nisi Prius shall be held at such intermediate times, as the Justices of the said court shall judge most convenient for the people."

The third section of said act provides:

"That in and for each of the said districts, or circuits, a person of knowledge and integrity, skilled in the laws, shall be appointed and commissioned by the governor, to be President and Judge of the courts of Common Pleas within such district, or circuit, and that a number of other proper persons, not fewer than three, nor more than four, shall be appointed and commissioned Judges of

the courts of Common Pleas in and for each and every of the counties of this commonwealth; which said Presidents and Judges shall, after the said thirty-first day of August next, respectively, have and execute all and singular the powers, jurisdictions and authorities of Judges of the Courts of Common Pleas, Judges of the courts of Oyer and Terminer and General Gaol Delivery, Judges of the Orphans' courts, and Justices of the Courts of Quarter Sessions of the peace, agreeably to the laws and constitution of this commonwealth."

Section seven of said act provides:

"That whensoever any person shall be indicted in any Court of Oyer and Terminer, Gaol Delivery, or Sessions of the Peace, the party charged shall be at liberty to remove the said indictment, and all proceedings thereupon, or a transcript thereof into the Supreme Court, by a writ of certiorari, or by a writ of error, as the case may require. PROVIDED ALWAYS, That no such writ of certiorari, or writ of error, shall issue, or be available to remove the said indictment, and proceedings thereupon, or a transcript thereof, or to stay execution of the judgment thereupon rendered, unless the same shall be specially allowed by the Supreme Court, or one of the justices thereof, upon sufficient cause to it or him shewn, or shall have been sued out with the consent of the Attorney-General; which special allowance or consent shall be in writing, and certified on the said writ." Section XI of said act provides:

"That where lands are sold by the Sheriffs of the several counties of this state, by virtue of writs of fieri facias, levari facias, or venditioni exponas, issuing out of the Supreme Court, it shall and may be lawful for such Sheriffs to acknowledge the execution of deeds of conveyance to the purchasers of such lands before the Justices of the Supreme Court, or one of them, at their Court of Nisi Prius held in and for the county in which such lands lie, and that such acknowledgments shall be as good and effectual as if the same were made before the Justices of the Supreme Court in bank; and that whenever any lands, tenements or hereditaments, shall happen to be sold by virtue of writs of testatum, it shall and may be lawful for the sheriff, who sells the same, to acknowledge the deed he makes to the buyer in the Court of Common Pleas of the county wherein the sale is made,

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