« ZurückWeiter »
SECTION 6. In the counties of Philadelphia and Allegheny all the courts in Philadel- jurisdiction and powers now vested in the district courts and courts gheny.
of common pleas, subject to such changes as may be made by this Constitution or by law, shall be in Philadelphia vested in four, and in Allegheny in two, distinct and separate courts of equal and cor ordinate jurisdiction, composed of three judges each; the said courts in Philadelphia shall be designated respectively as the court of common pleas number one, number two, number three and number four, and in Allegheny as the court of common pleas nunber one and number two, but the number of said courts may be by
law increased, from time to time, and shall be in like manier de lucrease of judges signated by successive numbers, the number of judges in any of in cominou pleas
said courts, or in any county where the establishment of an ac! ditional court may be authorized by law, may be increased from time to time, and whenever such increase shall amount in the whole to three, such three judges shall compose a distinct and separate court is aforesaid, which shall be nunbered as aforesaid. In Philise delphia all suits shall be instituted in the said courts of common pleas without designating the number of said court, and the several courts shall distribute and apportion the business among them in such mamer as shall be provided by rules of court, and each court, to which any suit shall be thus assigned, shall have exclusive jurisdiction thereof, subject to change of venue, ils shall be provided by law. In Allegheny each court shall have exclusive jurisdiction of all proceedings at law and in equity, commenced therein, sub
ject to change of venue as m:ty be provided by law. Prothonotary in
SECTION 7. For Philadelphia there shall be one prothonotary's Pulladelphia. ollice, and one prothonotary for all said courts to be appointed liy
the judges of said courts, and to hold office for three years, subject to removal by a majority of the said judges; the said prothonotiry shall appoint such assistants as may be necessary and authorizari by said courts; and he anıl his assistants shall receive fixeal sularies, to be determined by law and paid by said county; all fees cola lected in said office, except such as may be by law due to the Con. monwealth, shall be paid by the prothonotary into the county trodde
sury. Each cout shall have its separate dockets, except the judgHeparate dockets for courts: buton, ment docket which shall contain the judgments and liers of all the Judgment and lien said courts, as is or may be directed by law'.
SECTION 8. The said courts in the counties of Philadelphia and Criminal courts in Allegheny, respectively, shall, from time to time, in turn detail Allegheny. one or more of their judges to hold the couts of oyer anel terminer
and the courts of quarter sessions of the peace of said counties, in
such mamner as may be directed by law. Jurisdiction of SECTION 9. Judges of the courts of common pleats learned in the common plcas law shall be judges of the courts of over and terminer, quarter se'sa judges.
sions of the peace and general jail (lelivery, and of the orphans' court, and within their respective districts shall be justices of the peace as to criminal matters.
SECTION 10. The judges of the courts of common pleas, within Birlivrari to infe- their respective counties, shall have power to issue writs of critio
rari to justices of the peace and other inferior courts not of record, and to cause their proceedings to be brought before them, and right and justice to be done.
SECTION 11. Except as otherwise provided in this Constitution, justices of the peace or aldermen shall be elected in the several wards, districts, boroughs and townships at the time of the election of constables by the qualified electors thereof, in such martier as shall be directed by law, and shall be commissioned by the Gove eruor for a term of five years. No township, ward, ristrict or borough shall elect more than two justices of the peace or allermen without the consent of a majority of the qualified "lector's within such township, ward or borongh; 10 person shall be elected to such othice unless he shall have resideil within the township, borough, ward or district for one year next preceding his election. In cities containing over fifty thousand inhabitants, not more than one aidernian shall be elected in each ward or district.
May issue writs of
Justices of the peate and alderHell.
SECTION 12. In Philadelphia there shall be established, for each Magistratus in
Philadelphia. thirty thousand inhabitants, one court, not of record, of police and civil causes, with jurisdiction not exceeding one hundred dol. lars; such courts shall be held by magistrates whose term of office shall be five years, and they shall be elected on general ticket by the qualified voters at large; and in the election of the said magistrates no voter shall vote for more than two-thirds of the number of persons to be elected when more than one are to be chosen ; they shall be compensated only by fixed salaries, to be paid by said county; and shall exercise such jurisdiction, civil and criminal, except as herein provided, as is now exercised by aldermen, subject to such changes, not involving an increase of civil jurisdiction or conferring political duties, as may be made by law. In Philadelphia the office of alderman is abolished.
SECTION 13. All fees, tines and penalties in said courts shall be paid into the county treasury. SECTION 14. In all cases of summary conviction in this Common- Appealsfrom sum
inary conviction. wealth, or of judgment in suit for a penalty before a magistrate, or court not of record, either party may appeal to such court of record as may be prescribed by law, upon allowance of the appellate court or judge thereof upon cause shown.
SECTION 15. All judges required to be learned in the law, except Election and terin the judges of the Supreme Court, shall be elected by the qualified of judges. electors of the respective districts over which they are to preside, and shall hold their oflices for the period of ten years, if they shall so long behave themselves well; but for any reasonable cause, which shall not be sufficient ground for impeachment, the Governor may remove any of them on the address of two-thirds of each House of the General Assembly.
SECTION 16. Whenever two judges of the Supreme Court are to be Election of fudges chosen for the same term of service each voter shall vote for one of Supreme Court
by limited vote. only, and when three are to be chosen he shall vote for no more than two; candidates highest in vote shall be declared elected.
SECTION 17. Should any two or more judges of the Supreme priority of comCourt, or any two or more judges of the court of common pleas missions of judges for the same district, be elected at the same time, they shall, as soon after the election as convenient, cast lots for priority of commission, and certify the result to the Governor, who shall issue their commissions in accordance therewith.
SECTION 18. The judges of the Supreme Court and the judges of compensation or the several courts of common pleas, and all other judges required julges. to be learned in the law, shall at stated times receive for their serviers an adequate compensation, which shall be fixed by law, and paid by the State. They shall receive no other compensation, fees or perquisites of office for their services from any source, nor hold Disqualfication. any other office of profit under the Caited States, this State or any other State.
SECTION 19. The judges of the Supreme Court, during their con- Residence of tinuance in office, shall reside within this Commonwealth ; and the jiniges. other judges, during their continuance in office, shall reside within the districts for which they shall be respectively elected.
SECTION 20. The several courts of common pleas, besides the powers herein conferred, shall have and exercise within their re-open comspective districts, subject to such changes as may be made by mon pleas. law, such chancery powers as are now vested by law in the several courts of common pleas of this Commonwealtlı, or as may hereafter be conferred upon them by law. EECTION 21. No duties shall be imposed by law upon the Su
Yo extrajudicial preme Court or any of the judges thereof, except such as are judi- cuties for judges. pial, nor shall any of the judges thereof exercise any power of appointment except as herein provided. The court of nisi prius in
hereby abolished, and no court of original jurisdiction to be pre| sided over by any one or more of the judges of the Supreme Court shall be established.
SECTION 22. In every county wherein the population shall exceed Saparate orphans' one hundred and fifty thousand, the General Assembly shall, and in court.
be clerk thereof.
to be audited by couris.
Review in Supreme
Uniform laws for
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 Register of wills to 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 ap Accounts therein
proval 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.”
SECTION 24. In all cases of felonious homicide, and in such other Cart in criminal 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.
SECTION 25. Any vacancy happening by death, resignation or courts - how filled. 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.
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, Special courts pro- 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 or
phans' courts. Parties i:y shib
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 Appeals.
hear and determine the same; and the judgment thereon shall be subject to writ of error as in other cases.
Impeachment and Removal from Office. Impeachment.
SECTION 1. The IIouse of Representatives shall have the sole power of impeachment.
SECTION 2. All impeachments shall be tried by the Senate ; when sitting for that purpose the Senators shall be upon oath or atlirmation ; no person shall be convicted without the concurrence of twothirds of the members present.
SECTION 3. The Governor and all other civil officers shall be liable peachable.
to impeachment for any misdemeanor in office, but judgment in Judgment.
such cases shall not extend further than to removal from office and disqualification to hold any office of trust or profit under this Commonwealth ; the person accused, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punislument according to law.
SECTION 4. All oficers shall hold their offices on the condition cial lemure. that they behave themselves well while in office, and shall be re
moved on conviction of misbehavior in office or of any infamous crime. Appointed officers, other than judges of the courts of record and the Superintendent of Public Instruction, may be removed at the pleasure of the power by which they shall have been appointed. All Otlicers elected by the people, except Governor, Lieutenant Goy
mit issues of fact to the cout.
What officers im
Condition of off
ernor, members of the General Assembly, and judges of the courts of record learned in the law, shall be removed by the Governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate.
Oath of Office. SECTION 1. Senators and Representatives and all judicial, State General oath of and county officers shall, before entering on the duties of their re- office. spective offices, take and subscribe the following oath or affirmation: “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."
The foregoing oath shall be administered by some person authorized to administer oaths, and in the case of State officers and judges of the Supreme Court, shall be filed in the office of the Secretary of the Commonwealth, and in the case of other judicial and county officers, in the office of the prothonotary of the county in which the same is taken; any person refusing to take said oath or affirmation Wall forfeit his oflice; and any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or afirmation, shall be guilty of perjury, and be forever disqualified from holding any office of trust or profit within this Commonwealth. The oath to the members of the Senate and House of Representatives shall be administered by one of the judges of the Supreme Court or of a court of common pleas learned in the law, in the hall of the House to which the members shall be elected,
Suffrage and Elections.
Qualifications of sing the following qualifications, shall be entitled to vote at all poters. plections:
First.--Ile shall have been a citizen of the United States at least Nie month.
Second.-Ile shall have resided in the State one year, (or if, having previously been a qualified elector or native born citizen of the State, he shall have removed therefrom and returned, then six months,) imrnediately preceding the election.
Third.-IIe shall have resided in the election district where he shall offer to vote at least two months immediately preceding the mlection.
Fourth.-If twenty-two years of age or upwards, he shall have jaid within two years a State or county tax, which shall have been wessed at least two months and paid at leirst one month before the iction. SECTION 2. The general election shall be held annually on the General electioas. Tuesday next following the first Monday of November, but the neral Assembly may by law fix a different day, two-thirds of all the members of each House consenting thereto.
SECTION 3. All elections for city, ward, borough and township Municipal elecofficers, for regular terms of service, shall be held on the third Tuesday of February.
SECTION 4. All elections by the citizens shall be by ballot. Every Elections to any lang lellot voted shall be numbered in the order in which it shall be re- ballot and below itived, and the number recorded by the election officers on the list
Yoters, opposite the name of the elector who presents the ballot.
Endorsements thercon authorized
Election laws to le uniform, but
Any elector may write his name upon his ticket or cause the same to be written thereon and attested by a citizen of the district. The election officers shall be sworn or aflirmed not to disclose how any elector shall have voted unless required to do so as witnesses in it
judicial proceeding: Elector privileged SECTION 5. Electors shall in all cases except treason, felony and
breach or surety of the peace, be privileged from arrest during their attendance on elections and in going to and returning there
from. Soldier voting.
SECTION 6. Whenever any of the qualified electors of this Conimonwealth shall be in actual military service, under a requisition from the President of the United States or by the authority of this Commonwealth, such electors may exercise the right of suffrage in all elections by the citizens, under such regulations as are or shall be prescribed by law, as fully as if they were present at their usual places of election.
SECTION 7. All laws regulating the holding of elections by the linkisterd deurers citizens or for the registration of electors shall be uniformn through
out the State, but no elector shall be depriveat of the privilege of voting by reason of his name not being registered.
SECTION 8. Any person who shall give, or promise or offer to give, ('orruption to clisquality voters. to an elector, any money, reward or other valuable consideration
for luis vote at an election, or for withholding the same, or who shall give or promise to give such consideration to any other person or party for such elector's vote or for the withholding thereof, and any elector who shall receive or agree to receive, for himself or for another, any money, reward or other valuable consideration for his Vote at an election, or for withholding the same, shall thereby forfeit the right to vote at such election, and any elector whose right to vote shall be challenged for such cause before the election otticers, shall be required to swear or aftirin that the matter of the
challenge is untrue before his vote shall be received. ('andidates guilty
SECTION 9. Any person who shall, while a candidate for office, les
guilty of bribery, fraud, or wilful violation of any election law, Il qualities for Jioiding mee
Shall be forever disqualified from holding an office of trust or profii
in this Commonwealth; and any person convicted of wilful violitof election laws in tion of the election laws shall, in addition to any penalties provided clisqualify for
by law, be deprived of the right of suffrage absolutely for a term
of four years. Witnesses not to
SECTION 10. In trials of contested elections and in proceedings for the investigation of elections, no person shall be permitted to withhold his testimony upon the ground that it may criminati Bunself or subject him to public infamy; but such testimony shall pot afterwards be used against him in any judicial proceeding en cepit for perjury in giving such testimony.
SECTION 11. Townshijis, and wards of cities or boroughs, shall form or be divided into election districts of compact and contiguous territory, in such manner as the court of quarter sessions of the city or county in which the same are located may direct; but district's in cities of over one hundred thousand inhabitants shall be lividere by the courts of quarter sessions, having jurisdiction therein. Whoever at the next preceding election more than two hundrei and listy votes shall have been polled therein; and other electici districts whenever the court of the proper county shall be of opinion Wat the convenience of the electors and the public interests will
Lepironoted thereby, Reprezentatives to SECTION 12. All elections by persons in a representative capacity
shall be rira roce. Residence of voters SECTION 13. For the purpose of voting no person shall be deemeel not gained or sont to bave gained a residence by reason of his presence, or lost it liv in certaill causes.
reason of his absence, while employed in the service, either civil or nilitary, of this state or of the United States, nor while engaged in the navigation of the waters of the State or of the United States, us on the lighi seas, nor while a student of any institution of learning. nor while kept in any peor house or other asylum at public expense.. nor while contined in publie prison.
withhold textmony in election cases.
vole rira roce.