No. 72. AN ACT To make appropriations for pensions and gratuities. SECTION 1. Be it enacted, &c., That the sum of fifty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the payment of pensions and gratuities authorized by law, for the year commencing on the first day of June, eighteen hundred and seventy-four, to be paid out of any moneys in the treasury not otherwise appropriated. APPROVED-The 14th day of May, A. D. 1874. J. F. HARTRANFT. No. 73. To authorize the secretary of the commonwealth and deputy secretary of the commonwealth to administer oaths or affirmations. STCTION 1. Be it enacted, &c., That from and after the passage of this act the secretary of the commonwealth and deputy secretary of the commonwealth shall have power and authority to administer to all officers of the state government, such oaths or affirmations as by the constitution or laws of the commonwealth such officers are required to make; and further, shall have general power and authority to administer oaths or affirmations in any or all matters pertaining to the business of the executive department of this commonwealth. APPROVED The 14th day of May, A. D. 1874. J. F. HARTRANFT. No. 74. AN ACT To provide for the transfer of the business and records of certain courts abolished by the constitution, and repealing the acts creating the same. WHEREAS, In and by section eleven (11) of the schedule of the constitution of this commonwealth, it is declared that Preamble. all courts of record and all existing courts which are not specified in said constitution, shall continue in existence until the first day of December, Anno Domini one thousand eight hundred and seventy-five, and no longer; therefore, SECTION 1. Be it enacted, &c., That all acts of the general assembly of this commonwealth heretofore passed, establish- Acts creating ing and creating courts of record, and all existing courts which constitution, reare not specified in said constitution, and thereby abolished as aforesaid, be and the same are hereby repealed, to take courts abolished pealed. Powers vested in before creation of said courts, to be resumed. effect from and after the said first day of December, Anno Domini one thousand eight hundred and seventy-five, but no sooner. SECTION 2. That all the powers and jurisdiction now pos common pleas, &c. sessed respectively by said courts so abolished, which before the creation of the same were possessed by the courts of common pleas, oyer and terminer, quarter sessions of the peace and orphans' courts of the respective counties wherein the same are severally situate, shall from and after the said first day of December, Anno Domini one thousand eight hundred and seventy-five, be resumed by and again be vested in said courts of common pleas, oyer and terminer, quarter sessions of the peace, and orphans' courts of the respective counties wherein said courts are established. of the transfer of the re ords of such courts. Of the trial and determination of cases and indietments pending. Full faith and to records and reedings of said SECTION 3. That as soon as possible after the said first day of December, Anno Domini one thousand eight hundred and seventy-five all dockets, records, papers and proceedings in matters civil and criminal in said courts so abolished, except as hereinafter provided, shall be removed and transferred to the several courts of the respective counties which, under the constitution and laws of this commonwealth, have jurisdietion of said civil and criminal matters, and thereafter the dockets, records, papers and proceedings so transferred and removed shall be records of the several courts to which they are removed, the same as if they had been kept, made up, filed or had in the said courts, and the jurisdiction and pow ers of the courts to which the same are transferred and removed, shall be as complete and full to all intents and purposes in and about the said dockets, records, papers and proceedings as if the proceedings evidenced by them had been originally commenced in the courts to which they have been so removed: Provided, That the records in the court of nisi prius, of the county of Philadelphia, on the thirty-first day of December, Anno Domini one thousand eight hundred and seventy-five shall remain in the office of the prothonotary of the supreme court, and causes pending therein shall be transferred to the court of common pleas of said county by certified copy or transcript of the record. SECTION 4. That all cases and indictments pending in said courts so abolished on the first day of December, Anno Domini one thousand eight hundred and seventy-five, shall be proceeded in, heard, tried and determined in the several courts of the counties to which they are removed and transferred, and which from the nature of the proceedings, properly have jurisdiction of the same, as if said courts had in the beginning jurisdiction to hear, try and determine the same; and all proceedings, verdicts, judgments, decrees and sentences in and about the same shall have the like force and effect in law and equity as if such suit, action or proceeding had originally been instituted therein by authority of law. SECTION 5. That full faith and credit shall be given to all credit to be given the records and proceedings of said courts by the courts to which they are transferred; and it shall be the duty of said courts after the said transfer, to give exemplifications of said records, and certify the same under the proper seals of the courts. Exemplifications to be furnished. indexes to be pre dence. courts to which they have been removed and transferred, as if said records and proceedings had been made up and had in the court so certifying the same; and further, all lien dock- Lien dockets and ets and indexes so far as entries shall have been made in srel, and be evithem, until the said first day of December, Anno Domini one thousand eight hundred and seventy-five, shall be preserved, and thereafter be evidence of the matters and things contained therein, and shall affect and determine the rights and liabilities of parties the same as if they had not been so transferred and removed. SECTION 6. That the term of office of all the judges and When terms of judges and other other officers of said courts so abolished, now or hereafter officers to expire. elected or appointed thereto, shall end on the said first day of December, Anno Domini one thousand eight hundred and seventy-five, except in cases where by section fifteen of the schedule to the constitution the term of any of the officers of said courts are expressly extended beyond the said first day of December, Anno Domini one thousand eight hundred and seventy-five. cords. SECTION 7. That the proper costs and expenses necessary Payment of costs to the removal of the aforesaid dockets, papers and records of removing reshall be paid by the respective counties; and it shall be the duty of all the officers of said courts so abolished in whose custody the said dockets, papers and records shall be on the first day of December, Anno Domini one thousand eight hundred and seventy-five, to deliver them into the custody officers of courts of the prothonotaries and clerks of the respective courts into liver records to which they are by the provisions of this act required to be prothonotaries and removed, and in default thereof the said officers and their sureties shall be liable for all damages resulting from such default. abolished, to de clerks. nisi prius of P'nila SECTION 8. That the records in the courts of nisi prius of Records of court of the county of Philadelphia, on the thirty-first day of Decem- delphia county. ber, Anno Domini one thousand eight hundred and seventyfive, shall remain in the office of the prothonotary of the supreme court, and cases pending therein shall be transferred to the court of common pleas of said county by certified copy or transcript of the record. criminal courts for thereto, repealed. SECTION 9. That the act, entitled "An Act to establish act establishing criminal courts for Dauphin, Lebanon and Schuylkill coun- certain counties, ties," approved the eighteenth day of April, Anno Domini and supplement one thousand eight hundred and sixty-seven, and the act supplementary thereto, approved the twenty-first day of April, Anno Domini one thousand eight hundred and seventy, be and the same are hereby repealed, to take effect from and after the passage of this act; that all the powers and jurisdiction heretofore possessed by the court of first crimi- Powers possessed kal jurisdiction for the counties of Schuylkill, Dauphin and &c., before crea Lebanon, which before the creation of the same were posses- to be resumed. sed by the court of oyer and terminer, quarter sessions of the peace and general jail delivery, shall from and after the passage of this act be resumed by, and again be vested in said courts, as fully and completely as though the court of first criminal jurisdiction for the counties of Schuylkill, Dauphin and Lebanon had never been created; and all dock by quarter sessions, tion of such court, Records transferred. ets, records, papers and proceedings heretofore had in said APPROVED The 14th day of May, A. D. 1874. Power to appoint wardens for the Delaware. Salaries. Annual pay of wardens on the Susquehanna. Power to appoint additional wardens. No. 75. AN ACT Regulating the appointment and pay of fish wardens or water bailiffs. SECTION 1. Be it enacted, &c., That the board of fishery commissioners may, if they consider it necessary, appoint one fish warden or water bailiff for each county bordering upon the river Delaware, at a salary not to exceed one hundred dollars per annum, whose duties shall be the ordinary duties of fish warden and water bailiffs as heretofore prescribed by law. SECTION 2. That the annual pay of the fish warden or water bailiff placed in charge of the reaches or stretches in the neighborhood of the Columbia dam, shall not exceed the sum of three hundred dollars, and the annual pay of the fish warden or water bailiff placed in charge of the river from the Columbia dam to the Maryland line, shall not exceed the sum of two hundred dollars. SECTION 3. The board of fishery commissioners shall have power to appoint such additional fish wardens or water bailiffs as have not been authorized by previous laws, at or along such inland waters as they may deem necessary, at a salary not to exceed fifty dollars per annum. APPROVED-The 14th day of May, A. D. 1874. J. F. HARTRANFT. No. 76. Making an appropriation to the Allegheny county society for alleviating the miseries of public prisons. SECTION 1. Be it enacted, &c., That the sum of fifteen hundred dollars be and the same is hereby specifically appropriated to the Allegheny county society for alleviating the miseries of publie prisons, to enable the society to carry ont the objects of the association, for the year commencing on the first day of June, one thousand eight hundred and seventy-four, to be paid out of any money in the treasury not otherwise appropriated. APPROVED--The 14th day of May, A. D. 1874. No. 77. A FURTHER SUPPLEMENT To the supplement to the militia act, approved April fifteen, Anno Domini one thousand eight hundred and seventy-three, providing for the payment of actual expenses of artillery companies. SECTION 1. Be it enacted, &c., That in addition to the four hundred dollars ($400) already appropriated to each company by said supplement, each battery of artillery properly manned and equipped, and obeying the requirements as set forth in said supplement, shall receive their actual expenses for horsing said battery for all parades, as ordered and provided for in said supplement. The bills for the same, with the necessary vouchers, approved by the proper brigade and division commanders, shall be forwarded to the military board created by said supplement; when approved by them, warrants shall be drawn by the adjutant general upon the state treasurer for the respective amounts, in favor of the commanding officer of such batteries, in the manner prescribed by law: Provided however, That the number of such batteries of artillery shall not exceed at any time the quota allowed by the regulations of the United States army to the infantry arm of the service. APPROVED-The 14th day of May, A. D. 1874. J. F. HARTRANFT. No. 78. A FURTHER SUPPEMENT To the act approved May fourth, Anno Domini one thousand eight hundred and sixty-four, entitled "An Act for the organization, discipline and regulation of the militia of the commonwealth of Pennsylvania..' general and assis eral. SECTION 1. Be it enacted, &c., That the adjutant general Rank of adjutant shall hereafter be entitled to and hold the rank of major gen- tant adjutant general; and the assistant adjutant general shall hereafter be entitled to and hold the rank of colonel, and both of said officers shall be commissioned by the governor in the grades hereby prescribed. general may be SECTION 2. That so much of the act approved May fourth, commissary gea one thousand eight hundred and sixty-four, to which this is eral and surgeon a supplement, as prescribes that a commissary general and commissioned. surgeon general shall only be appointed in time of war, insurrection, rebellion or invasion, be and the same is hereby repealed, and the governor is hereby authorized and empowered to commission such officers with the rank and grade of Rank. brigadier general, but in time of peace they shall serve with out pay, compensation or emolument. SECTION 3. That the state printer, under the direction of Militia laws to be the adjutant general, is hereby authorized and directed to printed for distriprint and bind one thousand copies of the militia laws of this cers. bution among off |
