"The next and principal object of our enquiries is the redress ❝ of injuries by suit in courts," &c. III Bl. Com. 22.

By the constitution of Pennsylvania, art. v. " the judicial power shall be vested in a supreme court, in courts of oyer and terminer, and general gaol delivery, in a court of common pleas, orphans court, registers 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."

A justice of the peace, as the term imports, is a conservator of the peace. He has jurisdiction over all offences against the public peace in the first instance, and, on complaint made on oath, or on his own view, he may issue his warrant to a constable who is his proper officer, and commit to gaol, or bind over to the court of quarter sessions of the county; to which it will behove him to certify the recognizance taken of the offender if bailed, and of the prosecutor, if there is one, and the witnesses that may substantiate the charge in order that the court may proceed therein; which they will do, if they consider it an indictable offence, by directing the prothonotary to hand over to the attorney for the commonwealth that he may frame bills to go to the grand jury. The prosecutor, or witnesses bound over to attend are then sworn in court, and sent up with the bill.

The powers and duties of a justice of the peace are to be collected from precedents at common law, treatises, and statutes on the subject.

But to the jurisdiction of a justice of the peace there has been superadded, from the earliest settlement of this state, certain powers and duties in civil cases or controversies, between individuals of the community. This jurisdiction having been found convenient has been extended from time to time, both as to the quantum of the demand, and as to the nature of the demand of redress. In the first instance it was confined to a debt or demand under 40s; extended subsequently to a debt not exceeding £5, with an appeal to the court of common pleas of the county; but not to extend," to actions of debt for rent, debt upon bonds for performance of cove

nants, actions of covenant, replevin, or upon any real contract, to action of trespass on the case, for trover and conversion, or slander, or to actions of trespass for assault and battery, or imprisonment, or to such actions where the title to land, shall, in any way, come in question." This jurisdiction afterwards was extended to debts and demands not exceed. ing 10 with the like appeal.

Thus stood the law until the adoption of the present constitution, when, by an act passed 19 April, 1794, the jurisdiction was extended to debts and other demands not exceeding £20 under every regulation, restriction and exception of the act of the 1st March 1745-4th April 1798, a farther advance was made in the nature of the demands cognizable before the justice, extending to all cases of rents not ex ceeding 20; and by act of assembly 1st March 1799, farther extended to actions for recovery of damages for any trepass wrong or injury against the real or personal estate of the defendant in cases not exceeding 20 dollars; and to cases of rent not exceeding 534 dollars, with the right of removal and repeal although the cause in dispute may not amount to

10. But on the defendant making oath that the title to lands will come in question, the suit shall be dismissed. This jurisdiction not to extend to actions of ejectment brought to obtain possession of lands and tenements, actions of replevin in cases of actual distress, actions of slander, actions on real contracts for the sale and conveyance of lands, and tenements, civil actions for damages in personal assault and battery, wounding, or maiming, or to actions for false imprisonment. 17th March, 1806, justices authorised on complaint for assault and battery, or assault only, to dismiss on the agreement of the parties, provided the said justices, or justice, shall be fully satisfied that the settlement of such complaint will not injure the safety of the citizen, or the peace of society. 10th April, 1809, extended to actions of trover and conversion to the amount of 30 dollars, provided it shall not prevent a party from his remedy by action of replevin, or detinue as regulated by law. 20th March, 1810, this jurisdiction is enlarged to all causes of action arising from contract either expressed or implied, in all cases where

the sum demanded is not above 100 dolls: except in cases of real contracts, where the title to lands or tenements may come in question, or actions upon promise of marriage; this with regulations as to referees, and restrictions as to appeal, or removal, and stay of execution.

Thus much may suffice as to some outline of the civil jurisdiction annexed to the powers and duties of the justice of the peace, whose judicial authority is without the assistance of a jury, but with that of referees under certain regulations.

It was not without opposition in the legislature that the jurisdiction of the justices was thus increased. A branch of it, the governor refused his signature; so the act of 2d Jan. 1804, reviving and making perpetual the act of 1st March 1799, was passed by two thirds of each of the other branches, and became a law. Nor out of doors was there a perfect acquiescence, as a case appears to have been brought before the supreme court, in which was questioned the constitutionality of such increase. 1 Bin. 416.

The next grade of courts, in the ascending scale, is that of the court of quarter sessions in each county, which, as at present constituted, consists of a president, and two associates; these last though not necessarily legal characters, yet are of great use, consilium et auxilium, contributing the advice of good sense and moral reason and giving weight to authority; but more especially they are serviceable in taking recognizances, and judging of the quantum of bail; in the assessment of fines; appointment of county auditors; and of viewers and reviewers in the laying out and locating of roads; and granting tavern licences, &c. &c. &c.

The president though not a sine qua non in holding this court, is the president of a district, consisting not of fewer than three, and not of more than six counties. This president and the associates, any two of whom shall be a quorum, shall constitute the respective courts of common pleas in each county; which last court has jurisdiction of civil matters only; but, it is provided by the constitution that the judges of the common pleas, any two of whom shall be a

quorum, shall constitute the court of quarter sessions of the peace, the orphans court. The register of wills, together with the said judges, shall compose the register's court of each county.

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 and general gaol delivery in any county when the judges of the supreme court, or any of them, shall be sitting in the same county. This I presume must mean when sitting as a court of oyer and terminer and gaol delivery in the same county.

The court in the dernier resort is the supreme court, as the term imports. From this court writs of error and certiorari are directed to the several courts of inferior jurisdiction, and appeals sustained where the law gives an appeal, for the review of matters of law there arising.

In the city of Philadelphia there is a mayor's court subordinate to that of the court of quarter sessions. There is also a district court of common pleas of a co-ordinate but not superior jurisdiction to that of the common pleas which remains attached to the court of quarter sessions, or connected with it, in so far as the component members are judges of both courts. This district court may be considered superior, as to the sum in demand; for it takes cognizance of higher demands; the jurisdiction of the common pleas attached to the sessions being limited to the amount of the justice's jurisdiction; so that appeals from them, or certioraries directed to them, make the subject of the jurisdiction ; whereas that of the district court begins here and is without limit. This last court is but of a temporary duration of six years, by the act constituting it; but such is its evident utility, or, rather necessity, that, doubtless, it will be made per

manent.

The supreme court still continues to have original jurisdiction in the city of Philadelphia, in matters exceeding 500

dollars; and for this purpose, courts of nisi prius are holden; but it is expected, that at no distant day, these will be taken away; and, this court, as it ought, will then exist a court. of errors and appeals merely. This is all that is wanted to render the system perfect; so far as respects arrangement, and the distribution of powers and duties. The supreme court has an immense jurisdiction independent of the trial of issues in fact. It has "to examine and correct all and all manner of errors of the justices and magistrates of this province (now state) in their judgments, process and proceedings in the said courts, as well in all pleas of the crown, as in all pleas real, personal, and mixed; thereupon to reverse or affirm the said judgments as the law doth or shall direct: and also to examine, correct and punish contempts, omissions and neglects, favours, corruptions and defaults, of all or any of the justices of the peace, sheriffs, coroners, clerks and other officers; and also shall award process for levying fines, forfeitures and amerciaments, that shall be estreated into the said court; and generally shall administer justice to all persons, and exercise the jurisdiction and powers hereby granted concerning all and singular the premises according to law, as fully and amply, to all intents and purpose whatsoever, as the justices of the court of king's bench, common pleas and exchequer, at Westminster, or any of them may or can do.

This system I consider good in the outline, but it wants some filling up, to do the system justice. For as to the quantum of duty; or I might rather say, drudgery that devolves upon such of the district presidents, as have more. than three counties to attend, it is oppressive; and, the salary, in proportion to such labour, totally inadequate. It is the more so, as most of the districts comprehend a mountainous country, in the interior of the state. This ought to receive a remedy. For the system has not a fair chance of experiment under such disadvantage.

As to the supreme court, two judges added, in due time, will be advisable, as the finances of the state increase, and the public mind becomes more enlarged as to the importance