whether originating therein or reaching that court by appeal or certiorari from a justice of the peace or alderman or magistrate, if the subject of the controversy be either money, chattels, real or personal, or the possession of or title to real property, and if also the amount or value thereof really in controversy be not greater than fifteen hundred dollars, exclusive of costs, and if also the action be not brought, authorized or defended by the Attorney General in his official capacity. Section 2. So much of clause (d) of section seven of said act, as now reads thus: "All claims, disputes or other proceedings, including distributions in the or phans' court, except those in which the Attorney General appears in his official capacity and those in which the amount really in controversy in a single claim is greater than one thousand dollars, exclusive of costs, in which excepted cases the remedy by appeal directly to the Supreme Court shall not be affected by this act." be and the same is hereby amended so as to read as follows: orphans' court. (d) Any single claim, any dispute, distribution or Proceedings in other proceeding in the orphans' court, if the subject of the controversy be either money, chattels, real or personal, or the possession of or title to real property, and if also the amount or calue thereof really in controversy in such single claim, dispute or other proceeding be not greater than fifteen hundred dollars, Not greater than exclusive of costs, and if also the claim, dispute or other proceeding be not brought, authorized or defended by the Attorney General in his official capacity. Section 3. So much of section seven of said act, as now reads thus: "The said court shall have no original jurisdiction, except that it may issue writs of habeas corpus," is hereby amended so as to read as follows: The said court shall have no original jurisdiction, except that it, or any judge thereof, shall have full power and authority when and as often as there may be occasion, to issue writs of habeas corpus, returnable to the said court. $1,500. No original juris diction, except to issue writs of habeas corpus. Section 4. The amount or value really in controversy Determination of shall be determined as follows: value. ment. In actions of ejectment, either legal or equitable, and Actions of ejectin all other actions or issues in the common pleas or in the orphans' court that involve the possession of or the title to real property, or chattels, real or personal, the judge hearing the case shall certify whether the The judge to cer value of the land or of the interest or of the property land, interest ur really in controversy, is greater than fifteen hundred property. dollars, and his certificate shall be conclusive proof of such value for the purposes of this act. In any suit, distribution or other proceeding in the common pleas or orphans' court, if the plaintiff or claimant recovers damages either for a tort or for a breach of contract, the amount of the judgment, decree tify as to value of The amount of the judgment, etc., shall be proof of amount. Portion of clause Repeal. When appeals from judgments shall be taken to Cases of disbarment. Proceedings for appeals by labor claimants. or award shall be conclusive proof of the amount really in controversy, but if he recovers nothing the amount really in controversy shall be determined by the amount of damages claimed in the statement of claim, or in the declaration. So much of clause (c) of section seven of said act, as now reads thus: "For the purposes of this act, the amount of the judgment in actions of tort shall be conclusive proof of the amount really in controversy, except when the judgment is for the defendant, either upon a verdict or upon a compulsory nonsuit and in that event the amount in controversy shall be conclusively determined by the amount of damage which is claimed by the plaintiff's statement. In actions of ejectment, either legal or equitable, and in all other actions or issues in the common pleas which involve the possession or ownership of real or personal property, the judge hearing the case shall certify whether the value of the land or of the interest or of the property really in controversy is greater or less than one thousand dollars, and this certificate shall be conclusive proof of such value for the purposes of this act," is hereby repealed. Section 5. Where a joint action is brought by husband and wife for damages by reason of an injury suffered by the wife, or is brought by parent and child for damages by reason of an injury suffered by the child, and several judgments are entered, if either is greater than fifteen hundred dollars, appeals from both judgments shall be taken to the Supreme Court, and not to the Superior Court. Section 6. In all cases of disbarment, by whatever court the decree may be pronounced, the Superior · Court shall have no jurisdiction thereof, but the appeal shall be taken directly to the Supreme Court. Section 7. Appeals in proceedings for divorce, and divorce, and joint joint appeals by labor claimants, under the act of June fifteen, one thousand eight hundred and ninety-seven, Pamphlet Laws one hundred and fifty-four, shall be taken to the Superior Court. How many candidates for judge may be voted for. Supplies to be Section 8. Whenever hereafter two or more judges of the Superior Court are to be elected for the same term of service, each elector may vote for as many persons, less one, as there are judges to be chosen at said election. Section 9. All necessary dockets, blank books, seals, stationery and other supplies shall be obtained and furnished by the Secretary of the Commonwealth, in the same manner as books and supplies are furnished to and for his own department. And to facilitate the labors of the judges of the Superior Court, the said Judges authorized judges are hereby authorized to employ the help of stenographers, typewriters or other clerks, provided the cost of such help shall not exceed the sum of seven to employ stenographer, etc. hundred dollars per annum for any member of said court. The cost of such help shall be paid by the judge employing the same, and shall be repaid to him by the State Treasurer on his certificate of the amount actually paid by him during the preceding three months for clerk hire. Section 10. Where it shall be made to appear to the Superior Court that the same questions, and those only, are raised on an appeal to that court as are raised on an appeal pending in the Supreme Court, the Superior Court may stay all proceedings before them until the decision by the Supreme Court of the appeal there pending, or may certify said cause to the Supreme Court, with the same effect as if originally properly taken thereto. when appellee have waived obJection to jurisdic shall be held to tion. Section 11. Whenever an appeal is taken to the Superior Court, the appellee shall be held to have waived objection to the jurisdiction of that court, unless he file with the prothonotary thereof an objection on this ground, on or prior to the hearing of the appeal by the Superior Court. If the objection is made, the Su- If objection is perior Court shall hear and decide it speedily, and if it is sustained and the appeal is certified to the Supreme Court the prothonotary of the Superior Court shall, in addition to the appeal costs already paid, be paid by the appellant the sum of three dollars as further costs Further costs. in the cause. made to jurisdiction. take effect. Section 12. This act shall take effect July one, one When act shall thousand eight hundred and ninety-nine, and all acts or parts of acts inconsistent herewith be and the same are hereby repealed. Approved-The 5th day of May, A. D. 1899. Repeal. WILLIAM A. STONE. No. 145. AN ACT To repeal an act approved the third day of April, Anno Domini one thousand eight hundred and sixty-seven, entitled "An act to extend the provisions of an act for the protection of sheep in certain counties, approved the eighth day of April, Anno Domini one thousand eight hundred and sixty-two, to the counties of Westmoreland and Armstrong," and an act approved the twentieth day of March, Anno Domini one thousand eight hundred and sixty-eight, entitled "A supplement to the act to extend the provisions of an act for the protection of sheep in certain counties to the counties of Armstrong and Westmoreland, approved the third day of April, Anno Domini one thousand eight hundred and sixty-seven," in so far as the same relates to Armstrong county. Section 1. Be it enacted, &c., That the provisions of an act, entitled "An act to extend the provisions of an act for the protection of sheep in certain counties," ap Repeal.. proved the eighth day of April, Anno Domini one thousand eight hundred and sixty-two, to the counties of Armstrong and Westmoreland, approved the third day of April, Anno Domini one thousand eight hundred and sixty-seven, and an act, entitled "A supplement to the act to extend the provisions of an act for the protection of sheep in certain counties to the counties of Armstrong and Westmoreland," approved the third day of April, Anno Domini one thousand eight hundred and sixty-seven, approved the twentieth day of March, Anno Domini one thousand eight hundred and sixty-eight, be and the same are hereby repealed in so far as the same relates to Armstrong county. Approved-The 5th day of May, A. D. 1899. WILLIAM A. STONE. Repeal as to No. 146. AN ACT To repeal an act, entitled "An act in relation to huckstering in the counties of Bedford, Cumberland, Franklin, Fulton, and York," so far as the same applies to the county of Bedford. Section 1. Be it enacted, &c., That an act, entitled "An act in relation to huckstering in the counties of Bedford, Cumberland, Franklin, Fulton, and York," approved the eighteenth day of May, one thousand eight hundred and sixty-six, so far as its provisions apply to Bedford county," be and the same is hereby repealed. Approved-The 5th day of May, A. D. 1899. WILLIAM A. STONE. Title of act of March 24, 1855, cited. No. 147. AN ACT Repealing an act, approved the twenty-fourth day of March, Anno Domini one thousand eight hundred and fifty-nine, entitled "An act extending the provisions of an act concerning the appointment of road viewers and road damages in Northampton county to the county of Monroe," approved the twenty-second day of April, Anno Domini one thousand eight hundred and fifty-eight, so far as the said act of March twentyfourth, Anno Domini one thousand eight hundred and fiftynine, extends the first section of said act of April twentysecord, Anno Domini one thousand eight hundred and fiftyeight, to the county of Monroe. Section 1. Be it enacted, &c., That an act approved the twenty-fourth day of March, Anno Domini one thousand eight hundred and fifty-nine, entitled "An act extending the provisions of an act concerning the appointment of road viewers and road damages in Northampton county to the county of Monroe," approved the twenty-second day of April, one thousand eight hundred and fifty-eight, so far as the said act of March twenty-fourth, Anno Domini one thousand eight hundred and fifty-nine, extends the first section of the said act of April twenty-second, Anno Domini one thousand eight hundred and fifty-eight, to the county of Monroe," be and the same is hereby repealed. Approved-The 5th day of May, A. D. 1899. WILLIAM A. STONE. Repeal. No. 148. AN ACT To allow Medical Colleges of the Commonwealth of Pennsylvania to confer diplomas in public health. Empowering medical colleges in public health. Proviso. Section 1. Be it enacted, &c., That any medical college chartered by the State of Pennsylvania may confer, to confer diplomas after examination, a diploma in public health on any person holding a degree of medicine: Provided, That at least twelve months shall have elapsed between the obtaining of the medical degree and the examinations for the diploma in public health. And provided fur- Proviso. ther, That the candidate shall procure evidence of having attended after receiving his medical degree at least one college year of practical instruction in the labora tory of hygiene connected with one of the medical schools of the State, or one of another State recognized as giving equivalent instructions. Section 2. Examinations shall be upon practical and theoretical hygiene and chemistry, physics, geology and bacteriology, as far as they pertain to hygienic investigations, sufficient to allow the health officer to draw correct conclusions from the reports of experts. Approved-The 5th day of May, A. D. 1899. WILLIAM A. STONE. Examination. No. 149. AN ACT To amend the title to an act approved the fourth day of June, Anno Domini one thousand eight hundred and ninety-seven. Section 1. Be it enacted, &c., That the title to an act, approved the fourth day of June, Anno Domini one thousand eight hundred and ninety-seven, which Title of act of June 4, 1897, cited for amendment. |