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reside within the district for which they shall be respectively elected.

Chancery Powers of Common Pleas Courts. Section 20. The several courts of common pleas, besides the powers herein conferred, shall have and exercise within their respective districts, subject to such changes as may be made by law, such chancery powers as are now vested by law in the several courts of common pleas of this Commonwealth, or as may hereafter be conferred upon them by law.

Supreme Court-Extra Judicial Duties—Court of Nisi Prius

Abolished. Section 21. No duties shall be imposed by law upon the Supreme Court or any of the judges thereof except such as are judicial, nor shall any of the judges thereof exercise any power of appointment except as herein provided. The court of nisi prius is hereby abolished, and no court of original jurisdiction to be presided over by any one or more of the judges of the Supreme Court shall be established.

Orphans' Courts-Auditing of Accounts—Registers' Courts

Abolished. Section 22. In every county wherein the population shall exceed one hundred and fifty thousand the General Assembly shall, and in any other county may, establish a separate orphans' court to consist of one or more judges who shall be learned in the law, which court shall exercise all the jurisdiction and powers now vested in or which may hereafter be conferred upon the orphans' courts, and thereupon the jurisdiction of the judges of the court of common pleas within such county, in orphans' court proceedings, shall cease and determine. In any county in which a separate orphans' court shall be established, the register of wills shall be clerk of such court and subject to its directions in all matters pertaining to his office; he may appoint assistant clerks, but only with the consent and approval of said court. All accounts filed with him as register or as clerk of the said separate orphans' court shall be audited by the court without expense to parties, except where all parties in interest in a pending proceeding shall nominate an auditor whom the court may, in its discretion, appoint. In every

county orphans' courts shall possess all the powers and jurisdiction of a registers' court, and separate registers' courts are hereby abolished.

Style of Process. Section 23. 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.

Right of Appeal in Criminal Cases. Section 24. In all cases of felonious homicide, and in such other criminal cases as may be provided for by law, the accused after conviction and sentence may remove the indictment, record and all proceedings to the Supreme Court for review.

Vacancies in Court-How Filled. Section 25. Any vacancy happening by death, resignation or otherwise, in any court of record, shall be filled by appointment by the Governor, to continue till the first Monday of January next succeeding the first general election which shall occur three or more months after the happening of such vacancy.

Laws Relating to Courts to be Uniform-Special Courts

Forbidden. Section 26. All laws relating to courts shall be general and of uniform operation, and the organization, jurisdiction and powers of all courts of the same class or grade, so far as regulated by law, and the force and effect of the process and judgments of such courts, shall be uniform; and the General Assembly is hereby prohibited from creating other courts to exercise the powers vested by this Constitution in the judges of the courts of common pleas and orphans' courts.

Submission of Issues of Fact. Section 27. The parties, by agreement filed, may in any civil case dispense with trial by jury, and submit the decision of such case to the court having jurisdiction thereof, and such court shall hear and determine the same; and the judgment thereon shall be subject to writ of error as in other cases.

INDEX.

Attorneys-at-law:

early bar, 110-115
examinations, 119
students, 117
subsequent to Revolution,

154
Bar (see Attorneys-at-law)
Binney, Horace, 155, 208
Blackstone's Commentaries,

119
Brackenridge, Judge H. H.,

142, 147
Bradford, Judge William, 131
Butler county, first court held

in, 151

es-

"Active," case of the, 127
Acts of assembly:

disallowed, 76, 82, 93, 97,

99, 170, 175, 177, 229,

231, 249
submission to king in

council, 50, 82
Ad quod damnum, 243
Addison, Alexander:

characteristics of, 141

impeached, 142
Admiralty:

chancery jurisdiction in,

181
federal court of, 128
provincial council as court

of, 68
state court of, 126
vice admiralty court

tablished, 69
Affirmations, 85, 86
Allen, Williamı, 108, 190
Amsterdam, colony of the city

of, 5
Andros, Governor, 23, 164, 216
Appeals:

from Dutch courts, 7
to high court of errors,

128, 134, 136
to privy council, 71, 82, 84
to provincial council, 65
under the Duke of York,

17, 29
Arbitration, 15, 48
Assheton, Robert, 113, 175,

231
Assizes, court of, 16, 29, 163
Attachment, 37
Attorney general, 113

Carr, Sir Robert, 9, 11
Censors, council of, 124, 129
Chancery, court of, 179, 193
Charles II, 40
Charter:

of privileges of 1701, 73,

184

to William Penn, 41
Chew, Benjamin, 108, 121, 134
Clark, William, 218
Circuit courts, 135, 138
Codes, colonial tendency

toward, 10, 14
Conimission to revise the civil
code:

appointment, 155
report on equity juris-

diction, 196

on orphans' court, 235
Commissions of judges, 102
Common law, as a subsidiary

system in the colonies, 13,
103

Conditional verdict, 28, 208 Ejectment, 76, 204
Constable, 19

Erninent domain, 245
Constitution of 1874, judiciary English:
article, 275

citation of cases forbidden,
Constitutional convention:

150
of 1776, 122, 123

conquest of New Nether-
of 1790, 132

lands, 9
Coroner, 73

statutes in force, 13, 14,
Counties, Penn's division, 47

103
Court house:

Equity jurisprudence:
Philadelphia, 108

colonial difficulties, 159
Westmoreland county,

common-law forms, 190,
151

201
Criminal law, 52, 56, 86, 90,

confined to Supreme
131

Court, 176

constitution of 1776, 192
Deal court, 35

constitution of 1790, 194
Decedents' debts, sale of land

county courts, 167
for payment of, 226

court of assizes, 163
Decedents' estates (see Or-

Keith's court, 177, 179,
phans' court and Registers'

181
court)

petitions against, 184
Dickinson, John, 117, 120, 129,

private acts, 191
130

provincial council, 166
Disorder, complaints against,

recommendations of com-

missioners in 1835, 196
District court of Philadelphia,

resolutions of general as-
137

sembly, 185
Divorce:

rules of Supreme Court,
acts of 1700 and 1705, 100

200
in the Dutch period, 6

Welsh courts as a pre-
private acts, 101

cedent, 172, 174
under Duke of York's

Erie and Bradford counties:
laws, 99

road system, 267
Doan, Aaron, outlawry of, 130
Ducking stool, 89

Evans, Governor, 80
Duke of York (James II):

Examinations for the bar, 119

Execution, in civil cases, 55
proprietorship of, 9
conveys territory to Penn,

Executions, public, 131
141

Executive clemency, 131
Duke of York's laws, 10, 23,
25, 162, 216

Finne, Long, 31
Dutch :

Fletcher, Benjamin, 50, 222
court on the Delaware, 3 Frame of government, 42
West India Company, 3, 5 Francis, Tench, 115

88

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