14 Dec. 1563 § 3. together with costs of advertising and sales, shall be held subject to the order of the owner or owners of such property. P. L. 1127. 16 Dec. 1863 § 1. P. L. 1124. Owners of cattle for 4 April 1868 § 3. P. L. 58. gers may insure against accident. 9. It shall be lawful for drovers, owners or shippers of horses, cattle, sheep, hogs and other animals, upon the several railroads of this commonwealth, and they or either of them, by themselves or their agents, shall have the right, at all seasonable hours, to enter any of the stock or cattle-yards of any of said companies, used in connection with said railroads, for the purpose of feeding and taking care of said animals, while in said yards waiting transportation; and when the cars have been designated by railroad companies, or their agents, to receive any of said animals for transportation on said roads, it shall be lawful, and the said drovers, owners or shippers of said animals, or their agents, shall have the right to provide suitable and customary bedding for the kind of animals to be transported, and place same in said cars, before said animals are put into the same for transportation: And provided, That said bedding shall be of the usual and customary kind used for that purpose, and shall not increase the risk or hazard of said companies in the said transportation. 10. It shall be lawful for such carrier or corporation to insure the lives and persons of passengers against loss or injury from accidental causes, and however Carriers of passen happening, while in their charge, and for that purpose, to issue and sell to such passengers applying for the same, tickets of policies of insurance, specifying the name of the insured, the premium charged, the particular trip or time covered by the policy, and the amount insured, not exceeding (except at the option of the said carrier or corporation) the sum of twenty-five dollars for each week of disability, for a period not longer than twenty-six weeks, in case of personal injury, nor more than ten thousand dollars in case of death; and all premiums so received shall be kept separate and apart from the other receipts of said carrier or corporation, and shall not be liable for any other claim, debt or demands against such carrier or corporation than those arising out of said policies; and the amount of said premium, and the securities in which the same are invested for the benefit and protection of such policy-holders, shall be reported to the auditor-general annually, as a part of the operations of such carrier or corporation, as is now provided for by the act, entitled "An act requiring railroad companies to make uniform reports to the auditor-general," approved the fourth day of April 1859:(x) Provided, nevertheless, That it shall be lawful for any such carrier or corporation, in lieu of issuing tickets of insurance as aforesaid, to keep on sale at their ticket-office the policies of insurance or indemnity against personal injury or death resulting from accidental causes, issued by insurance companies incorporated for any such purposes, as shall have an actual bonâ fide cash capital, invested in securities approved by the governor, state treasurer and auditor-general of this commonwealth, of at least two hundred thousand dollars: Provided, That a recovery upon any policy issued or sold under the provisions of this act shall be no bar to a recovery under the provisions of the second section of this act. 6 May 1874 § 1. P. L. 121. sive materials regulated. 11. If any person shall knowingly deliver, or cause to be delivered to any canal, railroad, steamboat or other transportation company, or to any person, firm Carriage of explo- or corporation engaged in the business of transportation, any nitro-glycerine, dualin, dynamite, gunpowder, mining or blasting powder, guncotton, phosphorus or other explosive material adapted for blasting, or for any other purpose for which the articles before mentioned, or any of them, may be used, under any false or deceptive invoice or description, or without informing such person, firm or corporation, in writing, at or before the time when such delivery is made, of the true nature of such, and without having the keg, barrel, can or package containing the same plainly marked with the name of the explosive material therein contained, together with the word "dangerous" article, such person shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to imprisonment for thirty days, and to pay a fine of one hundred dollars; and shall be responsible for all damages to persons or property, directly or indirectly resulting from the explosion or combustion of any such article. Penalties. Ibid. § 2. Power to open packages. 12. It shall and may be lawful for any officer or agent of any person, firm or corporation engaged in the business of transportation, upon affidavit made of the fact that any package tendered for transportation, not in compliance with the provisions of the first section hereof, is believed to contain explosive material such as aforesaid, to require such package to be opened, and to refuse to receive any such Removal and sale. package unless such requirement be complied with; and if such package be opened, and found to contain any explosive material, the said package and its contents shall be forthwith removed to any lawful place for the storing of gunpowder; and after conviction of the offender, or after three months from such removal, the said package, with its contents, shall be sold at public sale, after the expiration of ten days from notice of the time and place of such sale, published in one newspaper in the county where such seizure shall have been made; and the proceeds of such sale, after deducting therefrom the expenses of removal, storage, advertisement and sale, shall be paid into the treasury of the said county. (x) See tit. "Railroads." 29. Governor to appoint temporarily. 30. Residence of the judges. 31. Composition of the fifteenth district. 57. President judges of the seventh and fiftieth districts. 58. Repealing clause. 59. Lebanon county constituted the fifty-first district. 60. Governor to appoint a president judge temporarily of the fifty-first district. Election authorized. 61. Judges of the twelfth district to remain judges of said district. Twelfth district entitled to two judges learned in the law. III. ELECTION OF JUDGES. 62. Conduct of election. 63. Returns, in counties forming separate judicial districts. 64. In districts composed of two or more counties. Return-judges. 65. Duties of return-judges. 66. Time for election in forty-sixth and forty seventh districts. 67. Judges to hold court in transferred counties. 68. New districts having no judge. 69. Governor to issue commissions. 70. Judges to fix terms of court. Publication. IV. ADDITIONAL LAW JUDGES. 72. Election of. 73. Qualifications. 74. Powers, duties and compensation. V. TERMS OF THE SEVERAL COURTS. 75-141. Terms of the several courts of common pleas. 142. Terms of two weeks may be abridged. 144. Courts may direct civil issues to be tried dur ing the first week of the term. 145. How venires to issue in such cases. 146. How venires to issue, when terms are enlarged. 147. Adjourned courts may be held. 148. To be ordered when the business of the courts requires it. 149. All causes to have an opportunity of trial 32. Additional law judge authorized for the fif- within a year. teenth district. 33. Equal jurisdiction of the judges. 34. Reserve questions of law. 35. Election of additional law judge authorized. Vacancies. 36. President judge in said district. 37. Governor to appoint temporarily. 38. Composition of districts sixteenth to thirtyeighth. 39. Additional law judge authorized in the thirtyeighth district. 40. Either judge may hold civil court. 41. Either may hold criminal court. 42. Equal jurisdiction of the judges. 43. Governor to appoint temporarily. 44. Composition of districts thirty-ninth to fortyfifth. 45. Additional law judge authorized in the fortyfifth district. VI. OF SPECIAL COURTS OF COMMON PLEAS. 150. Special court may be held, at request of defendant where he is about to leave the country. 151. Defendant to give bail, in such cases. 152. Extended to supreme court. 153. Defendant to be allowed time to procure testimony. 154. In what cases, special courts may be held. 155. Parties may waive their right to special court. 156. Proceedings where special court is necessary. 157. Proceedings before such court to be of the same effect as if held before the president of the proper district. 158. Local provisions not to be repealed. 159. List of special court causes to be transmitted to the nearest president judge competent to try them. 160. When such president shall hold special court, the courts of his own district may be held by the judge whose place he supplies. 161. Either at the regular term, or at adjourned court. 162. Suits to be tried by the nearest disinterested judge. 163. When president judges may hold courts out of their districts. 164. Their powers in such cases. 165. Power to hold special courts extended. 166. Powers of the judges. Executions regulated. Power to make rules. 167. Special courts for the trial of pending causes. VII. JURISDICTION AND POWERS. 168. Jurisdiction. In Philadelphia. 171. Power to compel the attendance of witnesses. 14 April 1834 § 18. P. L. 343. Ibid. § 19. To consist of a president and two associate judges. Ibid. § 20. President, or any two judges, may hold the court. Ibid. § 21. hold Judges may separate court in Philadelphia. 5 April 1851 § 13. P. L. 678. 11 March 1836 § 15. P. L. 79. 14 April 1834 § 22 P. L. 844. Courts to have a seal Ibid. § 23. Prothonotary to be commissioned for each court. 18 March 1875 § 1. P. L. 25. Separate courts may be held. 173. Power to make rules. One judge to have the power heretofore had by two or more judges. 174. May make rules as to return of writs. 175. May grant citations and rules in vacation. 176. Judges authorized to employ stenographers, typewriters and clerks. I. Organization of the courts of common pleas. 1. There shall be holden and kept, in every of the counties of this commonwealth, a court of record, the name and style whereof shall be "The Court of Common Pleas of [the respective] county." 2. The courts of common pleas of the several counties of this commonwealth, except the county of Philadelphia, are hereby declared to consist of a president judge and two associate judges. 3. The president and associate judges of the courts of common pleas, or any two of them, or the presiding judge, in the absence of his associates, shall have power to hold the said courts and to hear and determine all causes, matters and things cognizable therein, according to the constitution, laws and usages of this commonwealth. 4. The president or the legal associate judge [judges] of the court of common pleas of the county of Philadelphia, shall have power, from time to time, as may be found requisite, to hold a court of common pleas, for the trial of civil issues depending in such court, although two of the judges of the said court should be holding, at the same time, [an orphans' court,] a court of quarter sessions, or a court of common pleas. 5. The judges of the first judicial district shall be one president and two associates, who shall be learned in the law.(y) 6. Each of the said associate judges shall have power to hold a court of common pleas, and to issue writ of habeas corpus and grant relief thereon. 7. Every court of common pleas shall have a seal for the use of said court, having engraven thereon such words and devices as are inscribed on the seal now in use in the respective court, and such seal may be renewed, under the direction of such court, as often as occasion shall require. 8. A prothonotary or clerk shall be appointed and commissioned for each of the said courts; he shall have the custody of the records and seal of the respective court, and keep the same at the place of holding such court, and in the apartments provided, by authority of law, for that purpose; and he shall faithfully perform, under the direction of the court, all the duties appertaining to his office. 9. In every judicial district of this commonwealth, in which more than one judge learned in the law is now or hereafter shall be authorized to act, it shall be lawful for the president judge and the additional law judge or judges of such district, severally, to try causes on the same trial list, and with one and the same panel of jurors; or it shall be lawful for said judges, at the same time, to hold separate courts for the trial, hearing and disposition of causes in the common pleas, orphans' court, oyer and terminer, quarter sessions and in equity; and the courts of such districts may direct, at any term, separate venires to issue for a succeeding term or period for each branch thereof, in the manner provided by law for ordinary venires in the common pleas, and to regulate the trial list for said separate courts, issue subpoenas, and make all orders which may be judged necessary and Motions and argu- convenient. Motions, arguments and decrees may be made in either branch of said courts, and the associate judges may sit in the same. Venires. ments. 9 March 1885. P. L. 5. Judges to perform judicial duties in other courts. Compensation. 24 March 1887 § 1. P. L. 14. President judge may procure the assistance of law judge of other district. 10. In all counties in which there are two or more courts of common pleas, the judges of any of said courts shall, at the request of any of the other courts of common pleas of the same county, have fuil authority to perform any judicial duty in such other courts, with the same effect as if they were members thereof: Provided, That nothing in this act shall be construed to entitle a judge so called upon to act for another, to receive extra compensation therefor. 11. Whenever in the opinion of the president judge of any of the courts, civil or criminal, of any judicial district of this commonwealth, the proper despatch of business in said courts shall require it, the said judge is authorized and empowered to procure the assistance of any president judge, or additional law judge, of any other district in the commonwealth, to try or assist in the trial of civil or criminal (y) See Const. art. v. § 6, as to the organization of the courts of Philadelphia and Allegheny counties. By acts 13 April 1854, P. L. 369, and 25 March 1864, P. L. 94, there is to be an associate judge, learned in the law, for the court of common pleas of Lancaster county. By act 17 April 1856, P. L. 395, an additional judge learned in the law is to be elected for the courts of the sixth judicial district; by act 27 March 1865, P. L. 791, a similar provision is made for the fourth district; by act 15 April 1869, P. L. 970, for the seventh and twenty-third districts: by act 12 March 1868, P. L. 304, for the sixteenth district; by act 2 February 1871, P. L. 1561, for the twenty-first district; by act 1 March 1870, P. L. 272, for the thirteenth district; by act 9 April 1874, P. L. 55, for the second, eleventh, twelfth, seventeenth and twenty-fifth districts, respectively; by act 12 April 1875, P. L. 69, for the nineteenth district; and by act 10 May 1881, P. L. 18, for the third district. cases and transaction of other business before the several courts of the said district 24 March 1887 § 1. at any regular term, adjourned court, or in vacation. P. L. 14. Both or either to 12. It shall be lawful for the president judge of the district calling in the assistance of any judge, and the judge called upon to assist him, severally, to try the cases on the same trial list at the same time, with one and the same panel of transact all busijurors, and transact any other business that may properly come before said court, ness. so that it shall be lawful for the said judges, or either of them separately and at the same term and time, to hold separate trials, or courts for trial, hearing and disposition of cases, or causes in the common pleas, orphans' court, oyer and terminer and general jail delivery, quarter sessions of the peace, and in equity; and the courts of such districts may, at any regular, special or adjourned term, direct sepa- And direct special rate venires to issue for a succeeding term, in the manner provided for by law for venires to issue. ordinary venires in the common pleas, and to regulate trial lists for said courts, And regulate trial issue subpoenas, and make all orders, which may be judged necessary and con- nas, &c. venient. Motions, arguments and decrees may be made in each branch of said Validity of busicourts, with the same effect as if made in the court held by the president judge of ness so transacted. such district. lists, issue subpœ than one trial is 13. When more than one trial is going on at the same time, the prothonotary, Duties of prothonor clerk, or his deputy, shall keep the court minutes of the respective courts and otary when more record all proceeding in each case, in the same minute book of such court, precisely going on at the as if but one court is being held. same time. 14. The said president or additional law judge, so called in, shall be entitled to Compensation of receive the sum of ten dollars for each day so employed outside of his district, and judge so called in, ten cents for each mile necessarily travelled in the performance of such duty, to be Mileage. paid in the same manner as judges are now by law paid: Provided, That the amount to be received by any judge, under the provisions of this act, shall not Amount limited. exceed the sum of five hundred dollars in any year.(z) II. Judicial districts. Aug. 1883 § 1. P. L. 1885, 323. 15. The judicial districts of the commonwealth shall be numbered, composed, designated, and shall each have the number of judges respectively, as follows: The first district shall be composed of the city and county of Philadelphia, and 1st district. shall have twelve judges learned in the law in the common pleas, and three judges learned in the law in the orphans' court. The second district, of the county of Lancaster, and shall have two judges learned 2d district. in the law. The third district, of the county of Northampton, and shall have two judges 3d district. learned in the law. (a) The fourth district, of the county of Tioga, and shall have one judge learned in 4th district. the law. The fifth district, of the county of Allegheny, and shall have six judges learned 5th district. in the law in the common pleas, and two judges learned in the law in the orphans' court. P. L. 51. 16. There shall be and hereby is established in the county of Allegheny, a dis- 12 May 1891 § 1. tinct and separate court of common pleas, designated court of common pleas number three of Allegheny county, composed of three judges learned in the law, who Court of common shall hold office for the same term with like powers, duties, authority and compen- fished in Allepleas No. 3 estabsation, and with like constitution, and equal and co-ordinate jurisdiction with gheny county. courts of common pleas number one and two of said county, and the judges thereof, respectively. Ibid. § 2. Three judges to be 17. Three judges of said court of common pleas number three of Allegheny county, learned in the law, shall be elected by the duly qualified electors of said county at the next general election; one of said judges, to be designated as required elected. by the constitution of the commonwealth, shall be president judge of said court. Said judges shall be duly commissioned as judges aforesaid and shall enter upon the discharge of their duties, respectively, on the first Monday of January next following their election. The successors of said judges respectively shall be elected or appointed as required by law. 18. The governor is hereby authorized to appoint three competent persons, learned in the law as judges of said court until the first Monday of January succeeding the next general election, one of whom shall be designated as president judge for said period. Ibid. § 3. Governor to ap point temporarily. Ibid. § 4. 19. All acts or parts of acts inconsistent herewith are hereby repealed. 20. The sixth district, of the county of Erie, and shall have one judge learned Repealing clause. in the law. 7 Aug. 1883 § 1. P. L. 1885, 323. The seventh district, of the county of Bucks, and shall have one judge learned 6th district. in the law. 7th district. The eighth district, of the county of Northumberland, and shall have one judge Sth district. learned in the law. (z) See act 25 May 1887, P. L. 265, tit. "Salaries." (a) The remaining portion of this clause was repealed by the act 20 March 1889, P. L. 17. 7 Aug. 1883 § 1. P. L. 1885, 323. 9th district. 10th district. 11th district. 29 April 1891 § 1. P. L. 35. Additional law judge authorized in the eleventh district. Ibid. § 2. Election authorized. Vacancies. Ibid. § 3. Governor to appoint. 7 Aug. 1883 $ 1. P. L. 1885, 323. 12th district. 18th district. 14th district. 15 June 1887 § 1. P. L. 404. Additional law judge authorized. Qualifications. The ninth district, of the county of Cumberland, and shall have one judge learned in the law. The tenth district, of the county of Westmoreland, and shall have one judge learned in the law. The eleventh district, of the county of Luzerne, and shall have two judges learned in the law in the common pleas, and one judge learned in the law in the orphans' court. 21. In addition to the judges provided for in an act entitled " An act to designate the several judicial districts of the commonwealth as required by the constitution," approved the seventh day of August, Anno Domini one thousand eight hundred and eighty-three, an additional law judge is hereby authorized and provided for the several courts of the eleventh judicial district, who shall possess the same qualifications which are required by the constitution and laws for the president judge of said district, and who shall hold his office for a like term, and by the same tenure, and shall have the same powers, authority and jurisdiction, and shall be subject to the same duties, restrictions and penalties, and shall receive the same compensation, as the president judge of said district. 22. At the next general election, after the passage of this act, the qualified electors of the said eleventh judicial district shall elect, in the manner prescribed by law for the election of a president judge, a competent person learned in the law to serve as additional law judge in said district. Vacancies in the office hereby created, whether caused by death, resignation, expiration of term, or otherwise, shall be filled in the same manner as is required by law in case of a similar vacancy in the office of president judge. 23. The governor is hereby authorized to appoint some competent person, learned in the law, as such additional law judge of said judicial district, until the first Monday in January succeeding the general election. 24. The twelfth district, of the county of Dauphin, to which the county of Lebanon is hereby attached.(b) and shall have two judges learned in the law. The thirteenth district, of the county of Bradford, and shall have one judge learned in the law. The fourteenth district, of the county of Fayette, to which the county of Greene is hereby attached, and shall have one judge learned in the law. 25. The qualified electors of the fourteenth judicial district shall, at the next general election in the same manner prescribed by law for the election of president judge, elect one person for said district, learned in the law, to serve as an additional law judge of the several courts of said district; said additional law judge shall possess the same qualifications which are required by the constitution and the laws for president judge, and shall be commissioned by the governor and hold his office by the same tenure as other judges of courts of record required to be learned in the law and for the same term as the president judge; vacancies in the office hereby created, whether caused by death, resignation, expiration of term, or otherwise, shall be filled in the same manner as is required by law. In case of similar vacancy in the office of president judge, the said additional law judge shall have Powers and duties. the same authority and jurisdiction in term time and in vacation in the several courts of the said district and be subject to the same duties, provisions and penalties as the president judge thereof, and receive the same compensation for his services, to be paid out of the state treasury, in quarterly payments, in the same manner as the salaries of president judges are now paid; that the said additional law judge shall have the same power and authority to hold special and adjourned courts in his own or other judicial districts as president judges have by existing Compensation. Special and adjourned courts. Ibid. § 2. Powers of judges laws. 26. Any one of the judges of the said fourteenth judicial district shall have full and authority to hold the orphans' court and the court of common pleas of power in the civil courts. said district, and to try all civil pleas and actions, real, personal and mixed, and it shall be lawful for any one of the said judges, when he thinks it expedient, to reReserved questions serve questions of law, which may arise on trial of a cause, for the consideration of law. and judgment of both the said judges sitting together: Provided, That if the said judges shall disagree on any question reserved, as aforesaid, the opinion of the judge before whom the cause was tried shall stand as the judgment of the court: Bill of exceptions. And provided also, That either party shall have the right to a bill of exceptions to the opinion of the court as if the point had been ruled and decided on the trial of the cause. Ibid. § 3. Powers in the criminal court. 27. Any one of the judges of the said fourteenth judicial district shall have full power and authority to hold the courts of oyer and terminer and general jail delivery and quarter sessions of the peace for the trial of all indictments, and also for the passing of sentence, and for the adjudication of cases of breaches of the peace, for punishment of all contempts, and to make all such orders and decrees and render all such judgments as he shall consider legal and equitable in all cases within the jurisdiction of said courts. (b) The county of Lebanon is detached from this district and formed into a separate judicial district by the act 4 May 1893, P. L. 31, infra. |