have originated prior to the removal, to the circuit court, and by such county court duly carried into execution and effect.

"Section V. That the judges of the supreme court shall not issue any writ of certiorari, or habeas corpus to remove any cause from any county court, the city and county of Philadelphia excepted, and all causes, indictments, or prosecutions in the circuit court, of the supreme court in any county, which shall remain untried, on the fourth Monday of October next, shall be transferred to the appropriate county court, from which it was removed, there to be tried and determined, and all the pleas, entries and proceedings in each case, and all recognizances of bail shall be, and remain in the state, in which they were, and shall have the same force and effect which they would have had in the circuit court, and from thence the said circuit courts shall be abolished: And all cases of appeal or error in such circuit court from any county court then pending, shall be transferred to the supreme court of the proper district for final determination therein, and shall be afterwards proceeded in, as is directed in the preceding section of this act: Provided nevertheless, That judges may hold courts of nisi prius, in, and for the city and county of Philadelphia as heretofore.

"Section VI. That appeals and writs of error may be had, and may issue to, and from the supreme court of the proper district, from, and to the courts of the several counties, and any party appealing or purchasing any writ of error, shall make oath or affirmation to be filed with the record, that the same is not intended for delay, and where the facts in any special verdict may be insufficiently or uncertainly founded, the judges may remand the record, and direct another trial, to ascertain the facts, and that every party may have sufficient opportunity to take out a writ of error, no execution shall issue upon any judgment, on any special verdict, demurrer or case stated, unless by leave of the court, in special cases for security of the demand, within three weeks from the day on which such judgment shall be pronounced.

"Section VII. That all recognizances of bail or other surety or security by law required to be entered into, or given for the prosecution of any appeal or writ of error, may be entered into, or taken by, or before any of the judges of the court, from or upon whose judgment or decree the same shall be taken or issued, and shall be duly certified and transmitted with the record, and

any suit or suits may be brought upon any such recognizance or bond in the court of common pleas of the proper county or elsewhere, if the defendant or defendants shall not reside in such county, any law or usage to the contrary notwithstanding.

"Section VIII. That in case of a vacancy hereafter happening in the office of a judge of the supreme court, the governor shall not supply such vacancy, unless the number of judges shall be reduced to fewer than three, in which case he shall commission so many as shall complete that number, and no more.

"Section IX. That where any person or persons may or shall be indicted, prosecuted or charged with any criminal offence on the mayor's court of the city of Philadelphia, the defendant or defendants, traverser or traversers, in addition to his, her or their right or power to remove the same into the supreme court, as heretofore may forthwith, but not at any after session of right, demand that such indictment, prosecution or charge with all the records and proceedings, touching the same, be transferred or remitted to the court of quarter sessions of the peace of the county of Philadelphia, and the same shall be there proceeded in, tried and determined in the same manner, and to all intents and purposes according to law, as if the same had been found, prosecuted or instituted in the said court of sessions, any law or usage to the contrary notwithstanding.

"Section X. That this act shall be in full force and effect from and after the fourth Monday of October next, and not before.

"Section XI. That so much of the original act, and of any other act or acts as is hereby altered or supplied, and no more, as soon as this act shall go into operation and not before, shall be, and is hereby repealed."

"AN ACT

"To prohibit in courts of justice, the reading or quoting of British precedents subsequent to the fourth of July, one thousand seven hundred and seventy-six."

Passed March 19, 1810, Laws of Pennsylvania 1809-10, page 136. "Section I. That from and after the first day of May next, it shall not be lawful to read or quote in any court in this Commonwealth, any British precedent or adjudication which may have been given or made subsequent to the fourth day of July in the year one thousand seven hundred and seventy-six. Provided, That nothing herein shall be construed to prohibit the

reading of any precedent or maritime law, or of the law of nations."

"AN ACT

"Concerning contempts of court."

Passed April 3, 1809, P. L. (1809) 146.

"Section I. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the power of the judges of the several courts of this commonwealth to issue attachments and inflict summary punishments for contempts of court shall be restricted to the following cases, that is to say, To the official misconduct of the officers of such courts respectively, to the negligence or disobedience of officers, parties, jurors, or witnesses against the lawful process of the court, to the misbehavior of any person in the presence of the court, obstructing the administration of justice.

"Sect. II. And be it further enacted by the authority aforesaid, That from and after the passing of this act, all publications out of court respecting the conduct of the judges, officers of the court, jurors, witnesses, parties or any of them, of, in and concerning any cause pending before any court of this commonwealth, shall not be construed into a contempt of said court, so as to render the author, printer, publisher, or either of them, liable to attachment and summary punishment for the same; but if such publication shall improperly tend to bias the minds of the public, the court, the officers, jurors, witnesses or any of them, on a question pending before the court, or any person feeling himself aggrieved by such publication, shall be at liberty either to proceed by indictment, or to bring an action at law against the author, printer, publisher or either of them, and recover thereupon such damages as a jury may think fit to award.

"Sect. III. And be it further enacted by the authority aforesaid, That the punishment of imprisonment in the first instance shall extend only to such contempts as are committed in open court; and all other contempts shall be punished by fine only: Provided always, That the sheriff or other proper officer, may take into custody, confine or commit to jail, any person fined for a contempt, until such fine is discharged or paid; but if he shall

be unable to pay such fine, such person may be committed to prison by the court for any time not exceeding three months.

"Sect. IV. And be it further enacted by the authority aforesaid, That notwithstanding any thing in this act contained, the said courts shall have power respectively to make rules upon any sheriff or coroner for the return of any writ or writs for the payment of money received on any execution or process, and for the production of the body after a return of cepi corpus to an execution, or in default thereof for the payment of the debt and costs, and also to compel obedience to the said rules or any of them by attachment. And the said courts shall have the same powers against former sheriffs and coroners: Provided, That complaint and application is made for that purpose within one year after the termination of their said offices respectively.

"Sect. V. And be it further enacted by the authority aforesaid, That this act shall be and continue in force for and during the term of two years from the passing thereof, and from thence unto the end of the next session of the legislature."

"AN ACT

"Regulating arbitrations."

Passed March 20, 1810, Laws of Pennsylvania, 1809-10, page 145. "Section I. That from and after the first day of May next, it shall and may be lawful for either party, his, her or their agent or attorney, in all civil suits or actions, pending, or that may hereafter be brought in any court of this Commonwealth, having either original or appellate jurisdictions of such suits or actions, to enter at the prothonotary's office, at any time after the entry of such suits or actions, excepting appeals to the register's court, or issues directed by the said court, a rule of reference, wherein the said party shall state his, her or their determination to have arbitrators chosen on a day certain, to be mentioned therein, not exceeding thirty days thereafter, for the trial of all matters in variance in such suit or action between the parties; which rule shall be entered on record by the prothonotary, and the following proceedings shall be had thereon: That is to say, The party, whether by his, her or their agent or attorney, or otherwise, entering the rule of reference, shall, under the penalty of ten dollars, to be recovered by the adverse party, as debts of equal amount are by law recoverable, procure from the prothonotary a

copy thereof, under his hand and seal, and serve, or cause to be served, the same, or a copy thereof, on the opposite party, his her or their agent or attorney, or if not to be found, leave a copy thereof at his, her or their last place of abode; giving at least ten days notice, in the city and county of Philadelphia, of the day and time when the arbitrators are to be chosen, and at least fifteen. days notice of such time in the other counties of this Commonwealth; and the proof of service shall be the oath or affirmation of the person serving the same: Provided always, That no rule of reference shall be entered, unless such entry be made at least thirty days previous to the first day of the third term after such suit or action, has been brought; And provided also, That in such suits or actions, which may have been pending in any of the courts of this Commonwealth, more than six months previous to this act going into operation, such suits or actions shall not, without the consent of both parties, be referred in term time, or during the sitting of any court, at which such suit or action may have been marked for trial: And provided also, That in all civil suits or actions pending or that may be brought in any court of this commonwealth, wherein the commonwealth may be a party, either plaintiff or defendant, it shall be the duty of the attorney-general or his deputy, and they are hereby empowered and required to appear on the part of the commonwealth, and to do all such matters and things, in such civil suits or actions, as may be necessary, and is required by this act in similar cases.

"Section II. That where both parties attend, either by themselves, their agents or attornies, the arbitrators shall be chosen in the following manner: to wit, The parties having first agreed as to the number of arbitrators, or, in case of disagreement, the number shall be fixed by the prothonotary, which shall be either three, five, or seven, the plaintiff shall, in the first place, nominate one person, if the number fixed upon be three; two, if the number be five; and three, if the number be seven; if all or either of them be objected to by the defendant, the plaintiff shall nominate other persons, in place of those objected to, until he nominates six persons for each and every person allowed to be by him nominated; and the same privilege shall be given to the defendant, and the like right to object be extended to the plaintiff; and in case the parties agree in the choice of arbitrators, as above directed, the umpire shall be chosen in the following manner: to