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5 Feb. 1875 § 1. court for each thirty thousand inhabitants of said city; each of such courts shall

Term.

P. L. 56.

Councils to fix location.

Ibid. § 2.

be held by one magistrate, whose term of office shall be five years. And it shall be the duty of the councils of the city of Philadelphia, on or before the first day of March, Anno Domini one thousand eight hundred and seventy-five, and on or before the first day of January of every fifth year thereafter, and whenever else it may be necessary, to fix the general location of each of the said courts, by declaring between which streets or roads it shall be, so as to be most convenient for suitors and for the dispatch of the public business.

3. The said courts shall be numbered in regular numerical order, and shall be Number and style. severally styled "magistrate's court, number" and shall be located by their numbers by the councils and said city.

Seal.

Ibid. § 3.

1 Feb. 1887 § 1. P. L. 3.

Four additional

courts established.

Ibid. § 2.

Election of addi

4. The said magistrates' courts shall have a seal with the coat of arms of the state of Pennsylvania engraved thereon, and for legend "magistrate's court, number, of the city of Philadelphia," inserting the number of the court in said legend.

5. There be hereby established, in Philadelphia, four additional courts, not of record, of police and civil causes, with jurisdiction not exceeding one hundred dollars. Each of said courts to be held by one magistrate, whose term of office shall be five years.

6. The additional magistrates, to preside over the said courts, shall be elected at the next municipal election, on the general ticket, with such other magistrates tional magistrates. as are to be then elected, and shall hold their offices for the term of five years, from the first Monday of April next succeeding their election.

Term.

Ibid. § 3.

Salaries.

7. The said four additional magistrates shall each be paid, by the said city, for their services, a salary of the same amount now paid to each of the other magisstrates thereof and in the same manner.

Ibid. § 4. 8. The said four additional magistrates shall draw lots for their courts with the Selection of courts. other magistrates elected upon the same ticket at the same time.

5 Feb. 1875 § 4. P. L. 56.

Election.

Minority representatives.

II. Election.

9. The qualified electors of said city at large shall, on the third Tuesday of February, one thousand eight hundred and seventy-five, elect on general ticket as many magistrates as there are courts in said city, and no more, who shall hold their offices for the term of five years from the first Monday of April next succeeding their election, if they shall so long behave themselves well; and in the election of said magistrates no voter shall vote for more than two-thirds of the number of persons to be elected, when more than (two) are to be chosen; said magistrates shall be voted for on a separate ticket, to be headed "magistrates." Thereafter, the election of magistrates shall take place at the time fixed for the election of municipal officers in said city, immediately preceding the expiration of term of any magistrate. The said magistrates shall be at least twenty-five years of age, and shall have resided for at least one year immediately preceding their election in the city Not to practise as of Philadelphia, and shall be qualified voters thereof. No magistrate shall practise as an attorney-at-law in any court in this commonwealth, or elsewhere, during his term of office.

Qualifications.

attorney.

Ibid. §9. Vacancies.

16 Feb. 1880 § 1. Ord. 14.

Twenty-eight courts located.

10. Should any vacancy happen in the office of magistrate, either by death, resignation, disqualification, removal or otherwise, said vacancy shall be filled for the full term of five years, in the manner herein before set forth, at the next succeed ing municipal election held in said city after said vacancy shall happen; and it shall be the duty of the governor in the meantime to appoint and commission a suitable person to fill said vacancy until the first Monday of April next succeeding the first municipal election after said vacancy shall happen: Provided, however, That if said vacancy shall happen within twenty days(b) before any municipal election, said vacancy shall not be filled until the second succeeding municipal election thereafter; and the governor shall appoint and commission a suitable person to fill said vacancy until the first Monday of April after said second municipal election.

III. Location.

11. The location of the several magistrate courts for the city of Philadelphia shall be as follows, and each of said courts shall be known by the number herein attached thereto : Court No. 1 to be located between the south side of Wharton and the [west] side of [Sixth] street, and the east side of Broad street and the Delaware river [on the south].(c) Court No. 2 to be located between south side of South and north side of [Washington avenue], (c) and the west side of Broad street and the Schuylkill river. Court No. 3 to be located between south side of Christian and the north side of Wharton streets, and the east side of Broad street and the Delaware river. Court No. 4 to be located between the south side of South and the north side of Christian streets, and the east side of Broad street and the Dela

(b) As to aldermen, see Commonwealth v. Callen, 3 Penny. 39.

(c) As amended by ord. 24 March 1887.

Ord. 14.

ware river. Court No. 5 to be located between the south side of Chestnut and the 16 Feb. 1880 § 1. north side of South streets, and the east side of Seventh street and the Delaware river. Court No. 6 to be located between the south side of Vine and the north side of Chestnut streets, and the east side of Seventh street and the Delaware river. Court No. 7 to be located between the south side of Spruce and the north side of South streets, and the west side of Seventh street and the Schuylkill river. Court No. 8 to be located between the south side of Chestnut and the north side of Spruce streets, and the west side of Seventh street and the Schuylkill river. Court No. 9 to be located between the south side of Arch and the north side of Chestnut streets, and the west side of Seventh street and the Schuylkill river. Court No. 10 to be located between the south side of Vine and the north side of Arch streets, and the west side of Seventh street and the Schuylkill river. Court No. 11 to be located between the south side of Poplar and the north side of Vine streets, and the east side of Sixth street and the Delaware river. Court No. 12 to be located between south side of Poplar and north side of Vine streets and the west side of Sixth and the east side of Broad streets. Court No. 13 to be located between the south side of Poplar and the north side of Vine streets, and the west side of Broad street and the Schuylkill river. Court No. 14 to be located between the south side of Oxford and the north side of Poplar streets, and the east side of Sixth and west side of Front streets. Court No. 15 to be located between the south side of Norris and the north side of Poplar streets, and the east side of Front street and the Delaware river. Court No. 16 to be located between the south side of Lehigh avenue and the north side of Norris street, and west side of Front and the east side of Sixth streets [and also between the south side of Wingohocking and Frankford creek to the north side of Lehigh avenue from the Delaware river to the east side of Germantown avenue]. (d) Court No. 17 to be located between the south side of Lehigh avenue and the north side of Norris street, and the east side of Front street and the Delaware river. Court No. 18 to be located between the south side of Susquehanna avenue and the north side of Poplar street, and the west side of Sixth and the east side of Broad streets. Court No. 19 to be located between the south side of Susquehanna avenue and the north side of Poplar street, and the west side of Broad street and the Schuylkill river. Court No. 20 to be located between [the School House lane, Wissahickon and Roberts avenues on the north, Germantown avenue on the east, Susquehanna avenue on the south, and the Schuylkill river on the west].(e) Court No. 21 to be located between Frankford creek on the south, Dark Run lane on the north, Castor and Asylum roads and Adams street on the west, and the Delaware river on the east. Court No. 22 to be located between Chew avenue on the north, Twentieth street on the east, Pulaski avenue on the south, and Pleasant avenue on the west. Court No. 23 to be located between the south side of Girard avenue and the north side of Market street, and the west side of Forty-fourth street and the Schuylkill river. Court No. 24 to be located between the south side of Market street and Baltimore avenue, and the west side of Forty-fourth street and Schuylkill river. [Court No. 25 to be located between the south side of Wharton street, east side of Sixth street, and the Delaware river. Court No. 26 to be located between the south side of Washington avenue, west side of Broad street and the Schuylkill river. Court No. 27 to be located between the present boundary lines of the Twenty-fifth ward of the said city. Court No. 28 to be located between the present boundary lines of the Twenty-first ward of the said city.](e)

IV. Selection.

P. L. 56. Drawing lots.

12. After the city councils have located the said courts by numbers, and before 5 Feb. 1875 § 5. said magistrates shall enter upon the discharge of their duties, they shall assemble in the presence of the mayor of the city of Philadelphia, and draw lots in the order of the alphabetical rotation of their surnames, for the right to choose which of the courts so located shall be held by each; and when they shall have all drawn lots, the magistrate who shall have the first choice shall choose from the whole number of courts which court he desires to select as his court, and the number and location of the court chosen by him shall be the court which he shall hold until the expiration of his term of office. After the magistrate having the first choice shall have selected his court, the magistrate having the second choice shall proceed to select his court in the same manner, and so on, until all the magistrates shall have selected their courts, in the order of the lots drawn by them. The councils shall not change the localities of the respective courts during the terms for which the said magistrates shall have been elected ;(g) and thereafter, at the expiration of the term of five years for which the said magistrates have been elected, their successors shall be elected, and select their courts in the manner hereinbefore set forth.

Ibid. § 6. Mayor to certify

13. After the magistrates have selected their courts as aforesaid, it shall be the duty of the mayor of the said city to certify to the governor of the commonwealth selection.

(d) As amended by ord. 2 April 1881, § 1, 87. (e) As amended by ord. 24 March 1887.

(g) A magistrate elected to fill a vacancy caused by death and commissioned for five years is neverthe

less bound to take part in the next ensuing quinquennial drawing. Commonwealth v. Thompson, 11 W. N. C. 63, reversing s. c. 14 Phila. 201.

5 Feb. 1875 § 6. P. L. 56.

Governor to commission.

5 Feb. 1875 § 12.

P. L. 56.

To extend

throughout the

city.

Ibid. § 18.

Appeal from sum

the names of the several magistrates, with the number of the court selected by each; and the governor shall forthwith commission each of the said magistrates as of the court chosen by each, which commission shall be duly recorded in the office for the recording of deeds for the city and county of Philadelphia.

V. Jurisdiction.

14. The jurisdiction (h) of each of said magistrates shall extend throughout the city and county of Philadelphia, and they shall be, by virtue of their office, ex officio justices of the peace; they shall have all the powers and shall exercise the same jurisdiction, civil and criminal (except as herein otherwise provided), as is now by law exercised by aldermen of said city, and shall be liable to the same limitations and restrictions, pains and penalties, that are now imposed upon aldermen by the laws of this commonwealth. Where by law two aldermen are now required to hear and determine any matter brought before them, the same jurisdiction shall be exercised by one magistrate.

15. In all cases of summary conviction before said magistrates, either party may appeal to the court of quarter sessions of said county, upon the allowance of any mary conviction. judge thereof, upon cause shown; and either party may also appeal from the judg ment of said magistrates in a suit for a penalty to the court of common pleas of said county, upon the allowance of any of the judges thereof, upon cause shown: Provided, however, That this enactment shall not affect any right of appeal under existing laws.

Ibid. § 10.

Sickness and disability.

5 Feb. 1875 § 7. P. L. 56.

Oath.

Bond.

1 June 1881. P. L. 36.

Dockets.

16. In case any of said magistrates shall, from sickness or any other cause, be unable to attend his court for more than twenty days, one of the other magistrates having the nearest court shall have the power to take charge of all suits or proceedings before him, and conduct the same during his absence.

VI. Duties.

17. Before entering upon the discharge of his duties, each of said magistrates shall take and subscribe the following oath before one of the judges of the court of common pleas for the county of Philadelphia: "I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States and the constitution of this commonwealth, and that I will discharge the duties of my office with fidelity; that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money, or other valuable thing, to procure my nomination or election (or appointment), except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this commonwealth, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law." And they and each of them shall give bond in the sum of, three thousand dollars, with two or more sufficient sureties, who shall be freeholders, and approved by one of the judges of the courts of common pleas of said county, which bond shall be taken by the prothonotary of said court in the name of the commonwealth, with conditions for the faithful performance of his duties and proper application of all moneys that shall come into his hands as such magistrate; and such bonds shall be held in trust for the benefit of all persons who may sustain injury from said magistrate in his official capacity; and said sureties shall in no case be liable, unless proceedings bę commenced within six years from the time such cause of action shall accrue; and said bond shall forthwith be recorded in the said office for recording deeds. Copies of the record of any such bond, recorded as aforesaid, and duly certified by the recorder of deeds for the time being, shall be good evidence in any action brought against the obligors, according to its form and effect, in the same manner as the original would be, if produced and offered in evidence.

18. A civil and criminal docket(i) shall be kept in each of said courts by the magistrate holding the same, in which shall be entered daily all proceedings of said court; and it shall be the duty of the magistrate receiving any costs, fees, fines, penalties or other moneys, to note the same in the margin of the proper docket,

(h) A justice has no power to punish, in a summary manner, by imprisonment, for a contempt committed before him. Albright v. Lapp, 26 P. S. 99. An indictment lies, for a contempt of a justice of the peace, which, though not amounting to a breach of the peace, obstructs him in the performance of the duties of his office. Brooker v. Commonwealth, 12 S. & R. 175. Where a person obstructs the proceedings of a magistrate's court, the justice may, without issuing a warrant, hold the offender to bail to answer for the offence, and to be of good behavior in the mean time. Commonwealth v. McClure, 10 W. N. C. 466.

A justice appointed by rule of court to take depositions may commit a witness for contempt who contumaciously refuses to be sworn; but if the commitment

be indefinite as to time, the prisoner will be discharged on habeas corpus. Commonwealth v. Roberts, 2 Clark 340. But where the right to compel him to answer is a doubtful one, the proper course is to report the question for the action of court; in which case the party, laying a proper ground by affidavit, may obtain, by special motion, a subpoena directed to the witness to appear and testify at the bar of the court; upon which an attachment may issue, or the witness be committed, according as the circumstances require. Pfiel v. Elmes, 1 T. & H. Pr. 510. See Brophy's Estate, 3 W. N. C. 306.

(i) They must keep a separate docket for all cases brought for nuisance penalties, under the ord. 23 Sept. 1864, § 41, 362.

1 June 1881.

P. L. 86.

opposite to the entry of the case in respect to which the same is received, with the date at which and the name of the person from whom the same was received, together with the date when and the person to whom the same was paid; said docket shall be open to the inspection of any citizen during the hours when the court is required to be kept open; it shall also be the duty of each of the said magistrates to keep a day-book, in which he shall enter all costs, fines and penalties collected by him, with the date when, the person from whom, and the purpose for which the same was received; he shall also note therein the time when and the manner in which the same is disposed of; and the books and papers of said courts, including said day-books, shall be the property of the commonwealth of Pennsylvania. 19. It shall be the duty of justices of the peace and aldermen of this common- 22 March 1877 § 1. wealth to render judgment, in any cause or causes pending before them, within a period of ten days after all the evidence in said causes shall have been heard.

P. L. 13.

Judgment.
Ibid. § 2.

Penalty.

20. Any justice of the peace or alderman of this commonwealth who shall fail to comply with the provisions of this act shall be guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding one hundred dollars. 21. Office Hours: Said magistrates' courts shall be open from nine o'clock in the 5 Feb. 1875 § 17. morning until four o'clock in the afternoon of each and every juridical day: Pro- P. L. 56. vided, however, That said magistrates may issue process and hear causes at any Office hours.

time.

VII. Committing magistrates.(k)

P. L. 56.

22. The said magistrates shall, from time to time, select from among their num- 5 Feb. 1875 § 16. ber such magistrates as shall be necessary to act as committing magistrates at the several police stations in the city of Philadelphia, and in doing so they shall in all How selected. cases assign magistrates to duty at the station or stations which shall be most convenient to the place where their courts are held. No magistrate shall receive any additional compensation for acting as committing magistrate at any police station.

Ord. 250.

23. A docket of cases heard shall be kept by the magistrates at the district 15 Nov. 1855 § 9. station-houses, and it shall be the duty of the said magistrates to make return of all cases in which any person or persons may be there held to answer, at the com- Docket. mencement of the term of quarter sessions, to the district-attorney. And it shall Duty of lieutenant. be the duty of the lieutenant, or one of the two sergeants, to attend at such hearings at the station-houses, and to deliver to the district-attorney the said returns.

VIII. Salary and fees.

P. L. 56.

24. The said magistrates shall be paid (1) by the said city for their services; 5 Feb. 1875 § 8. and to cover the expenses for rent of a suitable place in which to hold said court (to be selected by the magistrates of said courts respectively), and for the dockets, Salary. blank books, legal blanks, and stationery, for the use of said magistrates' courts, a salary of three thousand dollars per annum, to be paid in quarterly payments on the first Monday of July, October, January and April, in each and every year; and it shall be the duty of the councils of said city to appropriate annually a sufficient sum to pay said salaries; and the said dockets, blank books and legal blanks shall be uniform in character.

1 June 1881. P. L. 36.

25. They shall pay over to the city treasurer, within five days after the first Monday of every month, all costs of suits, fees, fines, penalties and other sums of money received, excepting constables' fees, which shall be paid said constables Fees. directly by said magistrates, during the preceding month, except such costs and judgments as the parties to any proceeding before them may by law be entitled to receive, and shall at the same time furnish to the controller of said city, under oath or affirmation, an accurate account of all moneys so paid either into the city treasury or the said constables; and the controller of said city shall not countersign any warrant for the quarterly payment of the salary of any magistrate until he is satisfied from inspection, by himself or deputy, of the dockets, day-book or other books of said magistrate that the said accounts are correct; and if the said books are incorrectly kept, or the said accounts are inaccurate, the said magistrate so defaulting shall be guilty of a misdemeanor in office, and shall be liable to removal from office.(m)

P. L. 148.

26. It shall be the duty of any magistrate, alderman, justice of the peace, or any 11 June 1879 § 1. other person authorized to take acknowledgments and administer oaths, to perform such service for any soldier, widow or orphan of a soldier, or soldier's parents, who Certain affidavits may apply to them for the purpose of making affidavit to papers for the purpose of to be taken free of obtaining pensions, free of charge, therefor: Provided, That the provisions of this charge. act shall only apply to magistrates, aldermen, justices of the peace, or other persons authorized to take acknowledgments in cities of the first, second and third class.

(k) By the act of 9 April 1873, P. L. 575, and ord. 6-July 1874, 257, the mayor is empowered to appoint a committing magistrate at the central police station. (1) A magistrate de jure was entitled to recover his salary from the date of election, though not qualified

nor acting during the incumbency of the usurping de facto officer. Rink v. City, 15 W. N. C. 345.

(m) A resolution of the committee on cash accounts requiring a similar statement is not binding on the magistrates. West's Op. 1883, 28.

5 Feb. 1875 § 15. P. L. 61.

Magistrates to select.

16 June 1891 § 1. P. L. 203.

Jurisdiction o

in cities of the second class.

IX. Constables.

27. Each magistrate shall select from the constables(n) in commission, in the city of Philadelphia, such number, not exceeding three, as shall be necessary to the prompt service of process, and the efficient performance of all other duties of constable. They shall hold their office at the pleasure of the magistrate, shall give bond in manner and form as now required by law, and be subject to all liabilities and restrictions, have all the powers, and perform all the duties now by law attached to the office of constable in the city of Philadelphia.(0)

X. Magistrates in cities of the second class.

28. All police magistrates in all cities of the second class in this commonwealth shall have full and complete jurisdiction, power and authority to receive and take criminal informations, on oath or affirmation of and subscribed to by the affiant, police magistrates accusing any person or persons of the commission of any felony or misdemeanor, where such felony or misdemeanor has been committed within the corporate limits of the city in which such police magistrate resides and is appointed, and to issue warrants for the arrest of such persons so accused, administer oaths and hold preliminary hearings in all such cases, and commit to jail, or bind over for trial at the next term of the proper court of the proper county, or discharge such accused person or persons, as the evidence produced at such hearing or hearings may

Ibid. § 2. Accused to be admitted to bail.

Persons accused of murder.

Arson, etc.

Ibid. § 3. Powers of police magistrates.

Ibid. §.4.

Fines and penalties.

Summary convictions.

Ibid. § 5. Vagrants.

warrant.

29. In all cases the person or persons so accused of any felony or misdemeanor, shall be admitted to bail by one or more sufficient sureties to be taken before the police magistrate before whom such information may be made as aforesaid, or before any judge, justice, mayor, recorder or alderman where the offence charged has been committed, except such persons as are precluded from being bailed by the constitution of this commonwealth: Provided also, That persons accused as aforesaid of murder or manslaughter, shall only be admitted to bail by the supreme court or one of the judges thereof, or a president or the judges of the court of oyer and terminer and quarter sessions of the peace; persons so accused as aforesaid of arson, rape, mayhem, sodomy, buggary, robbery or burglary shall only be bailable by the supreme court, or any of the judges of the court of oyer and terminer and quarter sessions of the peace, or the mayor or recorder of such city.

30. The said police magistrate shall likewise have full and complete power, jurisdiction and authority to administer oaths and examine witnesses, and hear, determine and punish, according to the laws and ordinances of such city, all cases of arrest upon view, or upon information made and warrant issued, by the police of the city in which such police magistrate may reside or be appointed, of all persons who may be found engaged in or be charged with drunkenness, disorderly conduct, selling liquor contrary to law, maintaining a disorderly house or bawdy-house, lewd, indecent or lascivious behavior on the streets or elsewhere, gambling, creating riots or disturbances, vagrants, beggars, prostitutes, disturbers of the public peace, known or reputed pickpockets, burglars, thieves, watch stuffers, cheating, swindling, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves, or violating any of the laws or ordinances of such city. 31. The said police magistrates shall likewise have full and complete jurisdiction of suits for the recovery of fines and penalties imposed by any and all ordinances of the city in which they reside and are appointed, and of all cases of summary convictions arising under the laws and ordinances or such city, with full power to hear the said cases, administer oaths or affirmations therein, decide the same, enforce the penalty, collect the fine or commit to prison as the case may be according to the provisions of the law and ordinances applicable thereto.

32. It shall and may be lawful for any such police magistrate, where vagrants shall be found within the city in which such police magistrate resides or is appointed, to commit such vagrants (being thereof legally convicted before him on his own view, or by the confession of such offenders, or by the oath or affirmation of one or more credible witnesses) to the workhouse of the county within which such city is situate, if such there be, otherwise to the common jail of such county, there to be kept at hard labor by the keeper of such workhouse or jail for any time not less than thirty days nor more than six months.

(n) A justice of the peace, in an urgent case, may direct a criminal warrant to a private citizen. Commonwealth v. Keeper of the Prison, 1 Ash. 183.

A constable elected for a regular term is entitled to his commission, though his ward has already its complement of constables, one of whom is not entitled to serve. In re McKinney, 43 L. I. 250. The Twenty-fifth ward is entitled to two constables; the Twenty-fourth and Twenty-seventh to three each;

the First, Twenty-sixth, Twenty-first, Twenty-eighth, Twentieth and Twenty-ninth wards to two each. In re McKinney, Ibid.

The court will not appoint a deputy constable, when the constable elect is able to attend to the business of his ward. Deputy Constables' Case, 11 Phila. 391.

(0) They hold their offices for five years by act 18 March 1864, P. L. 60.

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