Gambar halaman
PDF
ePub

preme Court of this commonwealth, shall be, and hereby is, attached to the Middle District of the said court. And it shall be the duty of the prothonotary of the Southern District, at least one month previous to the time fixed for this act to go into operation, to make out a list of all writs of error, and other actions, issued to the said county of Huntingdon, then pending and undetermined and the said Southern District; and have the said list, together with the records, declarations, and other papers, respecting all such actions then pending and undetermined, as aforesaid, ready to be delivered to the prothonotary of the Middle District, aforesaid. And it shall be the duty of the said prothonotary of the Middle District to receive the same, and perform the same duties relative thereto, and to the said county of Huntingdon, as are by him performed for other counties in the said Middle District; and he shall be entitled to receive the same fees therefor as are by law allowed for like services, and in like manner be subject to account for the same. And it shall be the duty of the Justices of the Supreme Court of this commonwealth to take cognizance of all acts relative to the said county of Huntingdon, in the said Middle District, in like manner as if the said county had remained attached to the Southern District of the said court.

"Section 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the plaintiffs in error to pay to the prothonotary of the Supreme Court of the Southern District the fees which may have accrued in their respective suits before the said causes are removed to the Middle District.

"Section 3. And be it further enacted by the authority aforesaid, That the Supreme Court is hereby authorised at the next term of said court to be held at Sunbury, in June next, to decide upon all causes removed by writs of error from Huntingdon county, returnable to the term of said court to be held at Chambersburg, in October next, as fully as if said writs of error were issued after the passage of this act, and returnable at said June term."

"AN ACT

"To try the validity of the charter of the Harrisburg Canal, Fire Insurance and Water Company."

Approved April 5, 1826, Laws of Pennsylvania 1825-26, page 213.

"Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General As

sembly met, and it is hereby enacted by the authority of the same, That the supreme court of the middle district of this commonwealth, shall at their next, or any subsequent term, have cognizance and authority to try the validity of the character of "The Harrisburg Canal, Fire Insurance and Water Company,' issued in pursuance of the act, entitled 'An act to enable the Governor to incorporate a company for making a canal and lock navigation on the waters of the river Susquehanna, near the borough of Harrisburg, with power to the said company to supply the said borough with water, and to insure against fire,' and further to try and determine whether the said corporation have misused and abused any of the chartered privileges granted in pursuance of the said act; and for the purpose of determining the said questions, it shall be the duty of the attorney general of this commonwealth, to issue and cause to be issued, on or before the first day of June next, a writ in the nature of a scire facias at the suit of the commonwealth of Pennsylvania against the said company, to show cause why the letters patent issued by the Governor in pursuance of the act herein before recited, should not be revoked and annulled, and why the same letters patent should not be surrendered up to this commonwealth and further to inquire whether the said company have not misused and abused the chartered privileges granted in pursuance of the act authorising the incorporation of the said company, and the said writ shall be served on the president of the said company by the sheriff of Northumberland county, at least ten days before the return thereof: Provided, That if the canal commissioners shall make an arrangement with the president and managers of the Harrisburg Canal, Fire Insurance and Water Company, in pursuance of the eleventh section of the act to construct the Pennsylvania canal on or before the first day of June next, then all proceedings under this act shall be stayed; and the said canal commissioners are hereby authorized and fully empowered to make an arrangement with the said company to supply the borough of Harrisburg with water, and to furnish the said company with water to propel machinery, and for these purposes to locate and construct the Pennsylvania canal in such a way as will accommodate the said company, if it shall be ascertained to be practicable to construct and locate the said canal for the purposes aforesaid, without injury to the nagivation thereof.

"A FURTHER SUPPLEMENT

"To an act entitled 'An act to alter the judiciary system of this commonwealth.'"

Approved April 8, 1826, Laws of Pennsylvania 1825-26, page 263. "Section 1. 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 so much of the act passed the eleventh March, one thousand eight hundred and nine, entitled 'A further supplement to an act, entitled An act to alter the judiciary system of this commonwealth,' as abolishes the circuit courts, and prohibits the judges of the supreme court from removing causes from the county courts, be and the same is hereby repealed; and the said circuit courts shall be and are hereby restored, with the same powers and jurisdictions, and under the same regulations as they existed at the passage of the last named act, and it shall be the duty of the judges of the supreme court, to hold a circuit court in each county in this commonwealth, at least once in every year, at such times as the judges shall appoint: Provided, That in such county, there shall be causes at issue and undetermined in the circuit court.

"Section 2. And be it further enacted by the authority aforesaid, That the several acts of assembly, and parts of acts respecting said circuit courts, which were in force at or immediately before the passing of said act of eleventh March, one thousand eight hundred and nine, be and the same are hereby declared to be in full force and virtue as if the same were reënacted section by section, or paragraph: Provided, That actions now pending in the courts of common pleas, special and district courts, may be removed into the circuit courts, at any time within one year from the date of this act: And provided further, That the ninth, tenth and eleventh sections of the act of the first day of March, one thousand eight hundred and twenty-five, entitled 'An act to establish the district court for the city and county of Philadelphia,' be and the same are hereby repealed, and the jurisdiction of the supreme court within the city and county of Philadelphia, is hereby restored as fully and effectually as it was immediately before the passing of the said act.

"Section 3. And be it further enacted by the authority aforesaid, That the supreme court shall hereafter consist of five

judges, and the two additional judges hereby authorised shall be forthwith appointed, who shall receive the same salary and emoluments which associate justices of the supreme court now receive. "Section 4. And be it further enacted by the authority aforesaid, That the fees to be charged in the courts of nisi prius and circuit courts, shall be the same as those charged in the courts of common pleas.

"AN ACT

"Reorganizing the district court for the city and county of Lancaster." Approved April 10, 1826, Laws of Pennsylvania 1825-26, page 277. "Section 7. And be it further enacted by the authority aforesaid, That from and after the passage of this act, the county of York shall be annexed to the said district, and that a district court be held at York, for the said county, on the first Monday of March, the second Monday of May, and the third Monday of August and November, in each year, to continue two weeks each sitting, and adjourned courts to be held as often as the business. in the said district courts may permit, which court shall have the the same jurisdiction to hear and determine all civil actions and issues, directed by the registers court, as the court of common pleas of the county of York, and the final judgments of the said court, shall be reviewed by the supreme court, on writs of error, as now practiced in the courts of common pleas of this commonwealth, and all suits now depending or which may hereafter be brought in the common pleas of the county of York, may on the election of either of the parties, be removed into the district court by filing a copy of the record with the clerk of said court, whereupon the said district court shall proceed to the decision of the same, as if the suit had been originally brought in said court; and the prothonotary of the court of common pleas of said county, for the time being, shall perform all the duties of prothonotary of the district court, and the sheriff and coroner of said county shall execute and perform all the lawful orders of said courts; and the fees in the said courts shall be the same as in the courts of common pleas.

"A FURTHER SUPPLEMENT

"To the 'Act to alter the judiciary system of this commonwealth.'" Approved March 11, 1834, Laws of Pennsylvania 1833-34, page 125. "Section I. That a writ of error issued from the Supreme Court shall be a supersedeas in all cases, although an execution

may have been issued and executed; Provided, That said writ of error be issued, served, and bail entered, within three weeks from the day on which judgment shall be entered."

"AN ACT

"Relative to the organization of the courts of justice."

Approved April 14, 1834, Laws of Pennsylvania 1833-34, page 333.

Section

1. The Supreme Court established, and the style thereof.

2. It consists of five judges, who, or a majority of whom, hold the court.

3. Governor to appoint judges of the Supreme Court as often as vacancies occur. 4. The State is divided into four districts, for the purpose of holding said courts. 5. The judges hold five terms of the court annually.

6. They continue their terms by adjournment, if necessary, but so as not to interfere with their duties in other districts. 7. A court to be held on the last Monday in July, in the Eastern district, for certain purposes.

8. The Supreme

Court

has a seal, and power to renew it.

. A prothonotary is appointed for the court at each place of holding the terms, who shall keep the records, etc.

[blocks in formation]

14. The court may appoint special return days. 15. May prescribe certain days within the terms for the return of writs in each district.

16. Courts of Nisi Prius are holden in Philadelphia.

17. The judges to hold these courts at least once annually, and in the order of rotation. 18. Courts of common pleas established, and their style.

19. Consist of a president and two associate judges.

20. Any two of the judges, or the president alone, may hold the court.

« SebelumnyaLanjutkan »