P. L. 404. 28. Each of the judges of the said fourteenth judicial district shall have equal 15 June 1987 § 4. jurisdiction in the civil and criminal courts of the said district; and any one of said judges shall have full power and authority to make all such orders and decrees and Equal jurisdiction render all such judgments as he shall consider just and equitable, in all cases within of the judges. the jurisdiction of the several courts of the said district, or within the jurisdiction of the president judge thereof. Ibid. § 5. Governor to make temporary apIbid. § 6. 29. The governor is hereby authorized, by and with the consent of the senate, to appoint some competent person, learned in the law, as additional law judge of the said fourteenth judicial district, until the first Monday in January, succeeding the pointment. next general election. judges. 30. One of the judges of the said fourteenth judicial district shall reside in the Residence of the county of Greene and the other shall reside in the county of Fayette. 31. The fifteenth district, of the county of Chester, and shall have one judge learned in the law. P. L. 1885, 323. 7 Aug. 1883 § 1. 15th district. P. L. 406. 32. In the fifteenth judicial district, comprising the county of Chester, there 15 June 1887 § 1. shall be an additional law judge, who shall possess the same qualifications which are required by the constitution and laws for the president judge of said district, Additional law and who shall hold his office for a like term and by the same tenure, and shall judge authorized. have the same powers, authority and jurisdiction, and shall be subject to the same Term and tenure. duties, restrictions and penalties, and shall receive the same compensation as the president judge of said district. Qualifications. Powers, &c. 33. Either of the judges of the said fifteenth judicial district shall have authority to execute all the powers and perform all the duties now conferred by the constitution and laws upon the president judge of said district and shall have equal the judges. Equal jurisdiction jurisdiction. Ibid § 3. Reserved ques 34. It shall be lawful for any one of the said judges to reserve questions of law, which may arise on the trial of a cause, for the consideration of both of said judges sitting together; and if the said judges shall disagree on any question tions of law. reserved, as aforesaid, the opinion of the judge before whom the cause was tried, shall stand as the judgment of the court; and either party shall have a right to a bill of exceptions to the opinion of the court as if the point had been ruled and Bill of exceptions. decided on the trial of the cause; and in all other matters that shall be heard before both of said judges in case of their disagreement, the decision of the presi- Disagreement. dent judge shall stand as the judgment of the court. Ibid. § 4. 35. At the next general election, after the passage of this act, the qualified electors of the said fifteenth judicial district shall elect, in the manner prescribed Election of said adby law for the election of a president judge, a competent person, learned in the ditional law judge law, to serve as said additional law judge in said district. Vacancies in the office authorized. 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. Vacancies. Ibid. § 5. 36. The judge in said district, whose commission shall first expire, shall be the president judge thereof, except where the president judge shall be re-elected, in President judge in which case he shall continue to be president judge. 37. The governor is hereby authorized, by and with the consent of the senate, to appoint some competent person, learned in the law, as additional law judge of said judicial district until the first Monday in January, succeeding the next general election. 38. The sixteenth district, of the counties of Bedford and Somerset, and shall have one judge learned in the law. said district. Governor to make P. L. 1885, 823. The seventeenth district, of the county of Butler, to which the county of Law- 16th district. rence is hereby attached, (c) and shall have two judges learned in the law, and the 17th district. additional law judge shall reside at New Castle, in Lawrence county. The eighteenth district, of the county of Clarion, to which the county of Jeffer- 18th district. son is hereby attached, and shall have one judge learned in the law. The nineteenth district, of the county of York, and shall have two judges learned 19th district.· in the law. The twentieth district, of the counties of Union, Snyder and Mifflin, and shall 20th district. have one judge learned in the law. The twenty-first district, of the county of Schuylkill, and shall have three judges 21st district. learned in the law. (d) The twenty-second district, of the counties of Wayne and Pike, and shall have 22d district. one judge learned in the law. The twenty-third district, of the county of Berks, and shall have two judges 23d district. (e) The county of Lawrence is detached from this district and formed into a separate judicial district by the act 28 April 1893, P. L. 27, infra. (d) The remainder of this paragraph was repealed by the act 8 July 1885, § 2, P. L. 271, the first section of which enacted: that at the next general election preceding the expiration of the commission of the judge of common pleas of the twenty-first judicial district, composed of the county of Schuylkill, and thereafter at such time as may be prescribed by the constitution and laws of this commonwealth, the qualified electors of said county shall, in the manner prescribed by law, elect a competent person learned in the law to serve as successor to said judge of the common pleas, who shall be commissioned and hold his office for a like term, have the same powers, authority and jurisdiction, and receive like compensation as the president judge of said district. 7 Aug. 1883 § 1. P. L. 1885, 323. 24th district. 25th district. 26th district. 27th district. 28th district. 29th district. 30th district. 31st district. 32d district. 33d district. 34th district. 35th district. 36th district. 37th district. 35th district. 22 March 1887 § 1. P. L. 5. Additional law judge authorized. Qualifications. Tenure of office. Vacancies. learned in the law in the common pleas, and one judge learned in the law in the orphans' court. The twenty-fourth district, of the county of Blair, and shall have one judge learned in the law. The twenty-fifth district, of the counties of Clinton, Cameron and Elk, and shall have one judge learned in the law. The twenty-sixth district, of the counties of Columbia and Montour, and shall have one judge learned in the law. The twenty-seventh district, of the county of Washington, and shall have one judge learned in the law. The twenty-eighth district, of the county of Venango, and shall have one judge learned in the law. The twenty-ninth district, of the county of Lycoming, and shall have one judge learned in the law. The thirtieth district, of the county of Crawford, and shall have one judge learned in the law. The thirty-first district, of the county of Lehigh, and shall have one judge learned in the law. The thirty-second district, of the county of Delaware, and shall have one judge learned in the law. The thirty-third district, of the county of Armstrong, and shall have one judge learned in the law. The thirty-fourth district, of the county of Susquehanna, and shall have one judge learned in the law. The thirty-fifth district, of the county of Mercer, and shall have one judge learned in the law. The thirty-sixth district, of the county of Beaver, and shall have one judge learned in the law. The thirty-seventh district, of the counties of Warren and Forest, and shall have one judge learned in the law. The thirty-eighth district, of the county of Montgomery, and shall have one judge learned in the law. 39. The qualified electors of the thirty-eighth 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 in 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 Powers, duties and said additional law judge shall have the same power, 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 a yearly salary of four thousand dollars, 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 laws. compensation. Ibid. § 2. Either judge may hold civil courts. Reserved questions. 40. Any one of the judges of the said thirty-eighth judicial district shall have full power and authority to hold the orphans' court and the court of common pleas of the said district, and to try all civil pleas and actions real, personal and mixed, as well in equity as at law; and it shall be lawful for any one of the said judges, when he thinks it expedient, to reserve questions of law, which may arise on trial of a cause, for the consideration and judgment of both of the said judges Judgment, in case 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: And provided also, That either party Bill of exceptions. 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. of disagreement. Ibid. § 3. 41. Any one of the judges of the said thirty-eighth judicial district shall have full power and authority to hold the courts of oyer and terminer and general jail Either judge may delivery and quarter sessions of the peace for the trial of all indictments, and, hold criminal courts. Ibid. § 4. Equal jurisdiction. also, for the passing of sentence, and for the adjudication of cases of breaches of the peace, for the 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 the said courts. 42. Each of the judges of the said thirty-eighth judicial district shall have equal jurisdiction in the civil and criminal courts of the said district. And any one of said judges shall have full power and authority to make all such orders and decrees, and render all such judgments, as he shall consider just and equitable, in all cases within the jurisdiction of the several courts of the said district, or within 22 March 1887 § 4. the jurisdiction of the president judge thereof. 43. The governor is hereby authorized, by and with the consent of the senate, to appoint some competent person, learned in the law, as additional law judge of the said thirty-eighth judicial district, until the first Monday in January, next succeeding the first general election after the passage of this act. 44. The thirty-ninth district, of the county of Franklin, and shall have one judge learned in the law. The fortieth district, of the county of Indiana, and shall have one judge learned in the law. The forty-first district, of the counties of Juniata and Perry, and shall have one judge learned in the law. The forty-second district, of the counties of Adams and Fulton, and shall have one judge learned in the law. P. L. 5. Ibid. § 5. Governor to ap point an additional 7 Aug. 1883 $ 1. 42d district. 43d district. 44th district. The forty-third district, of the counties of Carbon and Monroe, and shall have one judge learned in the law. The forty-fourth district, of the counties of Wyoming and Sullivan, and shall have one judge learned in the law. The forty-fifth district, of the county of Lackawanna, and shall have two judges learned in the law. 45th district. P. L. 404. 45. In addition to the judges provided for in an act entitled "An act to desig- 15 June 1887 § 1. nate the several judicial districts of the commonwealth as required by the constitution," approved the seventh day of August, Anno Domini one thousand eight Additional law hundred and eighty-three, an additional law judge is hereby authorized and judge authorized. provided for the several courts of the forty-fifth judicial district, who shall possess the same qualifications which are required by the constitution and laws for Qualifications. the president judge of said district, and who shall hold his office for a like term Term and tenure. and by the same tenure, and shall have the same powers, authority and jurisdic- Powers, &c. tion, and shall be subject to the same duties, restrictions and penalties, and shall Compensation. receive the same compensation as the president judge of said district. 46. At the next general election, after the passage of this act, the qualified Ibid. § 2. electors of the said forty-fifth judicial district shall elect, in the manner prescribed Election of said adby law for the election of a president judge, a competent person, learned in the ditional law judge law, to serve as said additional law judge in said district. Vacancies in the office authorized. 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. 47. 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 next general election. 48. The forty-sixth district, of the county of Clearfield, and shall have one judge learned in the law. The forty-seventh district, of the county of Cambria, and shall have one judge learned in the law. The forty-eighth district, of the county of McKean, to which the county of Potter is hereby attached, and the said district shall have one judge learned in the law, and shall elect a president judge, at the election preceding the expiration of the term of office of the additional law judge of the fourth judicial district, and the said additional law judge shall be the president judge thereof, until the expiration of his commission. Vacancies. Ibid. § 3. Governor to ap point until after next general elec tion. 7 Aug. 1883 § 1. P. L. 1885, 828. 46th district. 47th district. 48th district. judge authorized 49. In the forty-eighth judicial district, comprising the counties of McKean 15 June 1887 § 1. and Potter, there shall be, for a single term of ten years, an additional law judge, P. L. 407. who shall possess the same qualifications which are required by the constitution Additional law and laws for the president judge of said district, and who shall hold his office for for a single term. a like term and by the same tenure, and shall have the same powers, authority Qualifications. and jurisdiction and shall be subject to the same duties, restrictions and penal- Term and tenure. ties, and shall receive the same compensation as the president judge of said Powers, &c. district. Compensation. Ibid. § 2. Equal jurisdiction 50. Either of the judges of the said forty-eighth judicial district shall have authority to execute all the powers and perform all the duties now conferred by the constitution and laws upon the president judge of said district, and shall have of the judges. equal jurisdiction. Ibid. § 3. 51. It shall be lawful for any one of the said judges to reserve questions of law, which may arise in the trial of a cause, for the consideration of both of said Reserved quesjudges sitting together; and if the said judges shall disagree on any question tions of law. reserved, as aforesaid, the opinion of the judge before whom the cause was tried shall stand as the judgment of the court; and neither party shall have a right to a bill of exceptions to the opinion of the court as if the point had been ruled Bill of exceptions. and decided on the trial of the cause; and in all other matters that shall be heard before both of said judges, in case of their disagreement, the decision of Disagreement. the president judge shall stand as the judgment of the court. 52. At the next general election after the passage of this act, the qualified electors of the said forty-eighth judicial district shall elect, in the manner pre Ibid. § 4. P. L. 407. 15 June 1887 § 4. scribed by law for the election of a president judge, a competent person, learned in the law, to serve as said additional law judge in said district. Vacancies in the office hereby created, whether caused by death, resignation, expiration of judge authorized. 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. Election of said additional law Vacancies. Ibid. § 5. 53. The judge of said district, whose commission shall first expire, shall be President judge in the president judge thereof, except when the president judge shall be re-elected, in which case he shall continue to be president judge. said district. Ibid. § 6. Governor to appoint an additional law judge until after the next gen eral election. 7 Aug. 1883 § 1. P. L. 1885, 323. 49th district. 28 April 1893 § 1. P. L. 27. 54. The governor is hereby authorized, by and with the consent of the senate, to appoint some competent person, learned in the law, as additional law judge of said judicial district until the first Monday in January succeeding the next general election. 55. The forty-ninth district, of the counties of Centre and Huntingdon, and shall have one judge learned in the law, and the additional law judge of the twenty-fifth judicial district, as constituted under the act of one thousand eight hundred and seventy-four, and now residing in Centre county, shall be the president judge thereof, until the expiration of his commission. 56. From and after September first, one thousand eight hundred and ninetythree, the county of Lawrence be and the same is hereby detached from the sevenLawrence county teenth judicial district, and henceforth shall constitute a separate judicial district, which is hereby designated as the fifty-first(e) judicial district, and shall have one judge learned in the law. constituted (fiftieth) judicial 57. The president judge of the seventeenth judicial district shall be the president President Judges. judge of the said fifty-first judicial district, and the additional law judge in said seventeenth judicial district shall be the president judge of the seventeenth judicial district, and the office of additional law judge in the seventeenth judicial district as provided by the act of assembly, affirmed August seventh, one thousand eight hundred and eighty-three, is hereby abolished. Ibid. § 3. Repeal. 4 May 1893 § 1. P. L. 31. Lebanon county constituted the 58. That all acts or parts of acts, general or special, inconsistent herewith, be and the same are hereby repealed so far as the same relate to Butler and Lawrence counties. 59. From and after the first Monday of January, one thousand eight hundred and ninety-four, the said county of Lebanon shall be detached from the twelfth judicial district and shall constitute a separate judicial district, to be known as the fifty-first judicial fifty-first judicial district, which said district shall have one judge learned in the law as president judge thereof. district. Ibid. Governor to appoint a president judge. Election. Ibid. Judges of the twelfth district shall remain. 7 Aug. 1583 § 3. Conduct of election. 60. The governor is hereby authorized and directed to appoint one person, learned in the law, to serve as president judge of the said fifty-first district, from the first Monday of January, one thousand eight hundred and ninety-four, until the first Monday of January, one thousand eight hundred and ninety-five, and the qualified electors of the said fifty-first district shall, at the general election in November, one thousand eight hundred and ninety-four, elect one person, learned in the law, to be the president judge of the said fifty-first district for the term of ten years from the said first Monday of January, one thousand eight hundred and ninety-five. 61. The two judges, learned in the law, now in commission in the said twelfth judicial district, shall remain judges of said twelfth district, which shall continue to be composed of the county of Dauphin, and to be entitled to have and elect two judges, learned in the law. III. Election of judges. 62. The election for judges shall be held and conducted in the several election P. L. 1555, 323. districts, in the same manner in all respects as elections for representatives are or shall be held and conducted, and by the same judges, inspectors and other officers, under the provisions of existing laws regulating elections in this commonwealth; and in all cases where a county is, or shall be attached, to an adjoining district, the qualified voters of such county shall be entitled to vote for the president judge, and an additional law judge where provided for. Ibid. § 4. Returns in coun ties forming separate judicial districts. 63. Duplicate returns of all the votes given in each county for all judges, which the qualified electors of such county are entitled to elect of themselves, unconnected with any other county or district, shall be made out by the prothonotary of the court of common pleas of such county, under direction of said court, at their meeting, to receive and compute, the returns of the preceding election, agreeably to the provisions of the thirteenth section of the act, entitled "A further supplement to the act regulating elections in this commonwealth," approved January thirtieth, one thousand eight hundred and seventy-four; one of which returns shall be filed and entered of record in the office of the prothonotary of such court, and the other return such prothonotary shall enclose in a sealed envelope, and direct and immediately mail to the secretary of the commonwealth. (e) This is a legislative error. The proper number of this district is the fiftieth. This act abolished the office of associate judge not learned in the law, and in case of a vacancy the governor could fill the same only until said act went into effect. Lebanon County Associate Judges, 14 C. C. 145. 64. In case of the election of a president judge in any judicial district, composed 7 Aug. 1898 § 5. of two or more counties, on the day of the sitting of the court or judge, or other P. L. 1885, 323. person authorized by law to receive and compute returns in each of such counties, In districts comthe prothonotary of the court shall open, and in its, his or their presence shall posed of two or make out a return of all the votes which shall be given at such election within each more counties. county, for every person voted for as such president judge, which shall be properly attested by the seal of said court; and the said court or judge, or persons receiving Return judges. or computing said returns, shall thereupon appoint one of the judges of election in said county to take charge of such returns, and produce the same at a meeting of the judges so appointed in each of the counties comprising said district; which meeting shall be held on the seventh day after the election, at the court-house of one of the counties, to be ascertained, taking said alternately in alphabetical order. 65. The return-judges from the several counties as aforesaid, having so met, shall cast up the several county returns, and shall make three copies of a general Duties of the return of all votes cast in the district for such office, each of which they shall cer- return-judges. tify; one of which they shall lodge in the office of the prothonotary of the county in which they so meet, another of which they shall enclose, seal and direct to the secretary of the commonwealth, and the third they shall deliver to the person appearing, from such general return, to have received the largest number of votes cast. Ibid. § 6. Ibid. § 7. 66. In the judicial districts herein known as the forty-sixth, consisting of Clearfield county, and the forty-seventh, consisting of Cambria county, judges shall be Time for election elected at the November election, in one thousand eight hundred and eighty-three; in the 46th and and the judges, now in commission, for said counties shall continue to exercise 47th districts. their jurisdiction therein, as such, until the first day of January, one thousand eight hundred and eighty-four. 67. In all cases in which counties are by this act transferred to judicial districts Ibid. of which they have not heretofore been part, the judge or judges in commission in Judges to hold the district, to which such counties are transferred or of which such county or court in transcounties become part, shall hold all courts therein from and after the passage of ferred counties. this act. Ibid. § S. 68. In such districts as there may be no president judge learned in the law, or additional law judge, or judge learned in the law, assigned by this act, the qualified electors of each county composing such districts, shall at the next general election, New districts havand whenever the same thereafter shall be necessary, at the times and places for ing no judge. holding such election within their respective election districts, elect one person learned in the law as president judge of said district, and as many persons for additional law judges therefor as shall be required by the constitution and law.(g) 69. The governor shall commission all additional law judges, or judges learned in the law, president judges of the districts to which they are assigned, under this act, for the remainder of the term for which they were elected, and at the election next preceding the expiration of the term of any president judge, additional law judge, or judge learned in the law, the qualified electors of every county composing such district shall vote for and elect their successors in office. Ibid. § 9. Governor to issue commissions. Ibid. § 10. terms of court. 70. At the first term of the court held in the several districts of this commonwealth, after the passage of this act, by the judges duly elected or appointed to hold the same, it shall be the duty of said judges to make an order fixing the time Judges to fix of holding the regular terms of said courts; which order and all modifications or changes thereof shall be published in not less than two newspapers in each county Publication. of the district, at least thirty days before the time so fixed for holding said courts. 71. Where, under the provisions of former statutes, there were two judges residing in the same district, and that district by this act has been divided, the presi- President judge to dent judge shall be and is hereby assigned to and shall continue to hold the courts continue in his old in the county or counties forming the district, bearing the number of the district district. in which he was elected. IV. Additional law judges. Ibid. § 11. 72. The qualified electors of any county, constituting a separate judicial district, 7 Aug. 1888 § 2. where, under the constitution or laws of this commonwealth, an additional law P. L. 1885, 323. judge, or additional law judges, or judges learned in the law have heretofore been Election of elected or commissioned, shall, except where otherwise provided herein, at the general election next preceding the expiration of the term of office of such additional law judge, or additional law judges, or judges learned in the law, in the manner provided for the election of president judge of said district, elect a successor, or successors in office, for such district. 73. Said additional judges shall possess the same qualifications, which are required by the constitution and laws for president judge, and shall be commissioned by the governor, and hold their offices by the same tenure, as other judges of courts of record, required to be learned in the law. 74. The said additional judges shall have the same power, authority and juris Ibid. Qualifications. Ibid. (g) This is constitutional. Bredin's Appeal, 16 W. N. C. 481. |