statutes Pennsylvania. Laws.

A digest of the laws of Pennsylvania, from the year one thousand seven hundred to the tenth day of July, one thoudsand eight hundred and seventy-two--Brightly's annual digest for 1873 to 1875. Annual digest of the laws of Pennsylvania for the years 1873 to 1875. Together with some laws of older date online

. (page 109 of 179)
Online Librarystatutes Pennsylvania. LawsA digest of the laws of Pennsylvania, from the year one thousand seven hundred to the tenth day of July, one thoudsand eight hundred and seventy-two--Brightly's annual digest for 1873 to 1875. Annual digest of the laws of Pennsylvania for the years 1873 to 1875. Together with some laws of older date → online text (page 109 of 179)
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of Philadelphia, before the said judges, or some one or more of them, at such *" ^J»<i*<»«'pi»«»-
days and during such times as they shall design ate. (c?)

84. The judges of the supreme court shall severally, as often as may be con- lud. i n.
sistent with their other duties, and at least once ever^ year, at such times and for ac leMt ono« %
such periods as they shall appoint, hold courts of nisi prius within the city and 3^^^*
county of Philadelphia, and not elsewhere.

35. No issues in fact in the supreme court shall be tried in banc ) but all issues 84 Feb. ism}!.
in fact in causes then pending in the said supreme court shall be tried at courts * ^°*- '^^'

of nisipritu to be held in the city of Philadelphia, in manner heretofore used, at No iMuee of fliet to
such time or times as the judges of the supreme court, at any term thereof, shall ^*^** in banc.
directive) Provided always^ That it shall be lawful for one of the said judges of ? 'jj y*^* "V ***
said court to hold sitting for the trials of issues of fact in term-time, without tittingVtuprnM
regard to the sittings of the judges then in banc, with like powers and authority ^^'^
as a judge at nisi prius.

36. The justices of the said supreme court, in term-time, or a majority of them, s? Hftroh 1789 2a.
in vacation, shall be empowered, and they are hereby enjoined, when occasion ^S"-^^-
shall require, to direct the holding of courts of nisi prius, in the city of Phila- ^jr*J*ld",**'p^'?J|!*
delphia, for the city and county of Philadelphia, before them, or any one or more deiphu!

of them, on such days and times as they shall nominate and appoint; and for

that purpose, to direct the usual process to issue, returnable at sucn times, during Venirei to iMne in

the sitting of the same courts of nisi prius, as they shall see fit, for the trial of all ^»nd criminal

such issues in fact as are or shall be depending in the said supreme court, in

pleas, either civil or criminal, originally instituted in the said supreme court, or

(a) A MfMudamtu, though demaodable of right, in a to show oanse. Commonwealtk r. Alleghtmy Cbtrnfy, 6 Pittf.

S roper eaae, ii nerertbeless, jostlj said to be grantable at L. J. 12.

iseretion. Readings, Commonwealihf 11 Peon. St R. (o) See tit. " Common Pleaf,'MS5-7y and notes.

196. SeetifMandamni." ((<) See tWm 37-42.

(() The supreme court maj isiue a mandamua return- (e) See Philadelphia and Beading Railroad Oo, T.

able before them, in any district in which they may be Green and Coatee Street Paeeenger Railway Co., 33 Penn.

sitting at the time. It may issue without a previous rule St R. 82.



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1352



SUPREME COURT.



17 Mareh 1780.



Powenof thejof-
tic«t at Dial prioa.



96JalTl842l4.
P. L. 481.



Oourt of nkl priw
wUbliahed.

Tenna thwebt



PMrera of tlM
ooaru



Ibid.{6.

Baaaiona to be di-
Tided into two
perioda.

OnaoftheJadgBa
to b« aoaigned to
hold the oiai prioa.



Ibld.{0.

In whAt cuea a
bill of exceptioDf
may betaken.



Beoord to be oerti-
fied to the anpreme
ooorU



Terma of anch oar>



Nottobeaaoper-I
aedaaa,anleaa taken
and perfected with>
Id twenty-one daja
after Judgment



Ibid. {7.



Betnm-daya.
Power to render
jadgment for want
of alBdaTit of de-
fence.

To order Intei^
pleader.

To make mlea to
regulate pleadlnp,
Ac.



broQglit thitlier by writs of removal, appeals or otherwise, from any oiyil or crimi-
nal jurisdiction in the city or county of Philadelphia, already erected or hcreailer
to be erected ; and generally to do, execute and perform all and every such act^,
matters and things, and put in practice all such powers, authorities, jurisdictions
and privileges, as by the present existing laws relative to courts of nisi prios fur
other counties within this commonwealth, or which in any manner respect the
same, are enjoined and required of, or are given and granted to, the said justices
of the said supreme court, or to any of the same justices.

III. Of the court of nisi priu8.(a)

37. It shall be the duty of one of the judges of the supreme court of Pennsyl-
vania, to hold jury trials in all cases now pending or hereafler to be brought in
said court, in the city aifd county of Philadelphia, on original process ; and for
that purpose to hold four sessions per year, commencing on the first Mondays of
[September], (6^ November, January and March in each and every year, to con-
tinue two montns if necessary, with power to direct the issuing of all the necessary
precepts and venires^ for the drawing, returning and summoning of juries, accord-
ing to the laws now in force in the said supreme court, relating to jurors, to make
all such rules of court as may be necessary for the speedy administration of justice
within his jurisdiction, to hear and decide all motions relating to said process and
cases, and to grant new trials, when in his discretion it may be just.

38. Each of the said sessions shall be divided into two periods for jury trials, of
at least three weeks each, or longer, at the discretion of the said judge, and the re-
mainder of the said sessions shall be appropriated to arguments. And it shall be
the duty of the said supreme court, and it is hereby required to assic^n one of their
number alternately to hold the said court of nisi prius as aforesaid, and the re-
maining judges of the said supreme court are authorized and required to hold
courts in banc, in the several dbtricts, during the time occupied by one of the
judges holding said nisi prius court.

39. And it shall be lawful for either party to take a bill of exceptions to any
opinion or charge of the said judge, as is now practised and allowed in the courts
of common ()leas of this state; and whenever the said judge shall refuse to grant a
new trial on points of law,(c) or whenever either party shall tender a bill of ex-
ceptions as aforesaid, or in any case in said court where a writ of error is now
allowed in a like case, to any court of common pleas or district court, it shall be
lawful for the party aggrieved to require the said judge to grant an order to cer-
tify the record and bill of exceptions, or either, as the case may be, to the judges
of the supreme court in banc, for a hearing at the next term thereof,(€^) upon
such party, his agent or attorney, making an aSfidavit that said order is not sought
by him for the purpose of deluy, and upon giving absolute security, (e) with two
sureties, by recognisance, for the payment of all damages and costs, in case the pro-
ceedings shall h^ affirmed, in the manner now practised and allowed in cases
of writs of error, to the courts of common pleas of this state : Provided, That such
order shall not be a supenedeas to an execution, unless taken and perfected within
twenty-one days afler judgment shall be rendered before said judge: And
provided^ That nothing herein contained shall be construed to prevent the said
judge from granting a new trial, in any case as provided in the 4th section.

40. The return-days of all original process and final writs of execution, shall be
monthly in the said court ; and the provbions of the 2d section of an act passed
28th March 1885,(y) entitled '* an act to establish the district court for the city
and county of Philadelphia," and the provbions of the 4th, 5th, 7th, 11th and
14th sections of the supplement to the said act, passed 11th March 1836,(A) and
th6 provbions of the supplement thereto, passed the 12th day of March 1842,(1*)
and the provbions of the 1st, 2d and 3d sections of the act of the 22d March
1825,(A;) entitled <' an act to prevent the failure of trusts," and the 1st, 2d, 3d,
4th and 5th sections of the act passed 14th April 1828,(0 entitled *' an act to



(a) The obart of nlfi print ii a distinot and indepen-
dent court. Dawon r. Ajfan, 4 W. A 8. 408. CblAer-
wood ▼. Kotm, 3 Penn. St. R. 843.

{h) The September term wai abolished by tot 18 April
1848. P. L.378.

(e) The supreme eonrt oannot reriew the decision of
the nisiprins, on a motion for a new trial, on matters of
faet. Kuin r. Franklim Inmtrtme* Co., 18 Penn. St. R.
247. i^MNl T. /n^MVoU, 16 Ibid. 848.



(d) See i>atPMm r. /fjfon, 4 W. A S. 408. Oatherwood
T. Kotm, i Penn. St. R. 841.

(e) An ezecntor need not give seouritj. MauU r.
Shaffer, i Penn. St. R. 404.

(0 ) See tit. ** District Conrts," 18, ud notes.

(1) See tit. <' District Conrts," 10, 27, 80 3 mad notes,
(t) See tit ^DistrictConrts," 17-20.

(k) See Ut. « Trustees," 8S-40.
h) See Ut " Tmstees," 41-8.



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SUPREMS COURT. 1353

prevent the failure of trusts, to provide for the settlement of accounts of trustees, as Jaiy isiai
and for other purposes," and the 15th, 16th, 17th, 18th and 19th sections of the
act passed the 14th of June 1836,(a) entitled ** an act relating to assignees for Tb mter noDanit
the benefit of creditors and other trustees," and the provisions of the 2d section To dbtribate pro-
of the act of the 17th March 1838,(6) entitled " an aofc to empower the court of 2^/"' ■**''**^'
common pleas for the city and county of Philadelphia, to appoint assignees or trus- To grant relief in
tees in the place of the deceased assignees or trustees of .John Vaughn, and for ***" **' '"■'•
other purposes," shall be and the same are hereby extended to all original actions
brought or to be brought in the supreme court of Pennsylvania, in the city and
county of Philadelphia ; and all the oases of trusts therein referred to, shall be and
hereby are added to the jurisdiction of the said nisi prius judge, and all the pow-
ers, jurisdictions and duties of the several courts therein prescribed and set forth,
are hereby vested in the said nisi prius judge, in all such original actions brought
or to be brought in the said supreme court, in the said city and county, and to all
such oases of trustees and trust estates.

41. The said judge holding courts of nisi prius shall have full power and iU(L{8.
authority to enter judgment in all cases brought or to be brought in said supreme jodgment to be
court, on original process, and to make all orders and decrees in such cases, as fully entered.

as any court of record could or might make. And all trials of contested facts in Triids of contested
equity or otherwise, which the supreme court in banc may order and direct, shall eapremeo^Art^
be tried before the said judge.

42. The said nbi prius judge shall take cognisance in all oases in equity now ibid.{9.
pending or hereafter to be instituted in the said supreme court, in the city and jorf^cuon in
county of Philadelphia, under all existing and future acts of assembly, vesting eqoity.
equity jurisdiction in the said supreme court, in the city and county aforesaid, and

shall hear and decide the same, and make all necessary decrees, as fully as the said

supreme court in banc might or could do ; and all tubpcmas in equitv shall be

returnable on monthly return-days ; and it shall be the duty of the said judge to ^ m«ke miee in

make and establish rules of court for speedy administration of justice in such ^°*'^'

cases ; and upon any final decree in any case of equity which may be made by the vinai decree mny

said judge, to grant an order to certify the records of such oases to the judges of ^'^^^^^

the said supreme court in banc for revision, upon the party aggrieved, his agent, revJaion.

solicitor or attorney, making affidavit, and on entering security as required by the

2d section of this act, in cases commenced in said court by original process : And

provided^ That such order to certify the record shall not supersede any attachment

or other process to enforce a final decree in equity, unless taken and perfected

within twenty-one days after such final decree ; and the said nisi prius juage shall,

in all cases in equity, fix the amount of security to be entered by the aggrieved

party, afler final decree made by him^ and it shall be the duty of the said judge Toeatobiiih utin

to mai^e and establish a tarifp of fees and costs in such equity cases,(e) and in all ^^ ^S^JT*^ ^

other oases in the said court, for services not provided for by the existing acts of

assembly.

(a) 8m tit. " Tnutees," 15-19. bat may aUow to the party the reatonable ooits of pre-

h) See tit. '^ Troflteee," 63. paring hii pleadingi and eridenoe. Porfer T; Engluh,

(«) In equity oMei, Uie ooort if not rettrioted, in de- 1 Phila. 86.
ereelng ooets, to the itemi of the oommon-Iaw fee-bill,



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13M



[See Land-Offiob.]



1. To be elected.

3. Commissioned by the gorernor. When term of offioe
to commence. Powers and datiee.
8. Elections, regolated. YaoancleSi how filled.



4. Not to appoint deputies.

6. Vacancy occnrring- before commencement of term.

6. To be filled by election.

7. Returns.



9AprillS50{l.
P. L. 484.



To be elected.



Ibid. {3.



OommtoioDed by
tbe governor.

Term of oflloe.
Powers and duties.

Ibid.28.



Eleotioni regu-
lated.

Taoaudei, how
filed.



Ibid. 1 6.



I Aprfll873{l.
P.L.82.



Tacancy occurring
before commenoe*
meat of term.

Ibid. 2 SL

To be filled by
•lection.



Ibld.|8.



Returns.



1. The qualified voters of this commonwealth shall choose, by ballot, one person
to fill the offioe of auditor-general, and one person to fill the office of survejor-
general, on the second Tuesday of October, Anno Domini 1850, and at their gen>
era! election every third year thereafter.

2. The auditor-general and the surveyor-general, elected in pursuance of the
first section of this act, shall be commissioned by the governor of this common-
wealth, and shall assume the duties of their respective offices on the first Tuesday
of May next ensuing their election ; and shall possess all the powers granted, per-
form all the duties, and be subject to all the penalties imposed by the existing
laws of this commonwealth, relating to auditor-general and surveyor-general.

3. The general election laws now in force for the choice of a governor of this
commonwealth, shall regulate the elections of auditor-general and surveyor-gene-
ral; and in case any vacancy should occur in either of said offices, by death,
resignation or otherwise, the same shall be filled by appointment of the governor ;
and the person sd appointed shall continue in office, until the end of the term for
which his predecessor was elected.

4. So much of any act of assembly as authorizes the surveyor-general to
appoint deputies be and the same is hereby repealed.

5. In case of the death of any person elected to the office of auditor-general or
surveyor-general, between the day of his election and the first Tuesday of May
next ensuing, such vacancy shall be filled by the incumbent of the office at the
time being, until his successor shall be regularly elected and qualified.

6. At the annual election next ensuing after the death of such person, so elected
to the office of auditor-general or surveyor-general, the qualified voters of this
commonwealth shall choose, by ballot, one person to fill such vacancy, who shall
assume the duties of such office on the first day of December next ensuing after
said election, and hold said office for the term of the person deceased, which he
was elected to fill.

7. Whenever an election to fill such vacancy shall be held, it shall be the duty
of the secretary of the commonwealth, on the first Tuesday of November next
ensuing aft«r such election, in the presence of the governor, attorney-general and
auditor-general, and such other citizens as desire to be present, to open and count
said returns; and the governor shall, by proclamation, declare the name of th«5
person thus duly elected ; which returns shall be presented to the two houses of
the legislature, within ten days after the commencement of the next ensuing ses-
sion of the general assembly.



56toitte,

[See Stbats.]



1. To be yoked, wben at large. If not, may be killed or
taken np. If taken up, application to be made to a
justice.

2. Who shin advertite.



8. Proceedings if no owner appears.
4. Regnlations in certain towns.
6. Bztended throagbont the state.



1705 1 L 1 sn. 70. 1. No swine shall be suffered to run at large,(a) without rings and yokes, tinder
To be yoked, when *^® penalty of forfeiting half the value thereof, to the use hereafter expressed ;
at Urge. therefore, if any person or persons shall find on his, her or their lands^^) within

(a) The act only applies where they are rolnntarily ffogw, 10 S. A R. 893.
solTered to go at large, not where they escape from the (6) See CfowmonwetUtk r, FourU$» ffog^, 10 8. A R. 895.
owner, without his defiaalt. Chmwumi00aUk r, Fowrt—n



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SWINE. 1365

foarteen miles of the navigable parts of the river Delaware, any swine, hog or 1706.

hogs, shoat or shoats, or pigs, without rings in their noses, sufficient to prevent
their turning up the ground, and triangular or three-cornered yokes or bows about
their necks, ana to extend at least six inches from the angular point or corner, irDot,ma7b«
sufficient to keep them from breaking through fence, it shall and may be lawful 5J|®* " **^**
for him, her or them, all such swine, hogs, shoats or pigs, to kill ana take, and
drive and carry away, or to cause them to be killed, taken, driven or carried away :
and being so taken and carried away, the said takers shall forthwith acquaint a if taken nisappii-
jnstice of the peace thereof, and being by him legally attested,(a) that the said S OmSw! °**^
swine were taken as aforesaid, without yokes or bows and rings, the said justice
shall immediately appoint and order(&) two indifferent persons of the neighbor-
hood to view and make a just and reasonable appraisement of all such swine,
hogs, shoats or pigs, and to make return of their value, number and marks, unto
the said justice of the peace, as soon as conveniently it may be done, after such
appraisement, one moiety or half the value whereof shall be forfeit to the person
or persons, owners or possessors of such lands where found and taken; and he or
they that shall take up such swine as aforesaid, shall pay unto the said justice of
the peace, for the use of the owner or owners of such swine, the other moiety or
half part thereof; and thereupon the property of all such swine shall be and
remain in the said owner or possessor of land as aforesaid, to his and their own
proper use for ever.(c)

2. Such justice of peace shall make publication thereof, by a paper affixed on iwcLfa.
his house, and on some tree near the high-road side, declaring the number, marks who tuu mItw-
and appraisement of all such swine, and by whom taken up, to the end that the ^^^
owners may have notice thereof; unto whom the said justice of the peace shall

pay the other moiety or half the value of such swine taken and appraised, he first
deducting out of the same, two shillings for the appraisers, and two shillings for
the justice's clerk, for their trouble therein ; but if it so happen, that the moiety
or half part, as appraised, will not pay the said four shillings^ then such takers
up shall pay what shall be wanting thereof.

3. Provided, That if no person appear within twelve months after appraisement ibid.gs.
as aforesaid, to claim the moietv or half-part of such swine, that then the said procMdingtifM
justice shall pay what money he hath received, the charges as aforesaid first ^^^'^^ •pp***'*
deducted, unto the overseer or overseers of the poor of the township where taken

up, for the use of the poor of said township ; and the owners of such swine shall
be thereupon debarred from any claim or right to the same.

4. It shall not be lawful for any swine, hogs, shoats or pigs to go at large in ibid. { 4.
the towns of Philadelphia, Chester or Bristol, whether yoked and ringed or not ; ^^^^^j^^ ,j^ ^^
but if any such shall be found running at large, such swine, hogs, shoats or pigs, t«in towng.
shall be forfeit, one-half to him or them that shall take up the same, and the other

half to the use of the poor of the respective towns, to the overseer or overseers
according to the use aforesaid ; the said town of Bristol being all the space con-
tained within half a mile square, from the mill creek, up the river Delaware.(c£)

5. The same penalties, rules and orders enacted and directed to be observed by lo Mmj 1729 1 1.
the [preceding] act, within fourteen miles of the navigable parts of Delaware ^ ^'°- ^^^
river, shall be in force and extended throughout the province of Pennsylvania, (e) Extondad throagti-

(a) No a4}adieatioii ii requisite ; bat the Jastioe ihoald thii act, to show that the statutory forms hare been

set forth that the hogs were suffered to ran at large, and strictly pnrtned ; the record most show that the informer

that they were taken np or killed. Commonwealth r. was ** legally attested by the justice, that the hog was

Fourteen Bogt, 10 8. A R. 397. taken up, running at large, without yoke or bow and ring."

{b) Sooh order is not process, which the constitution Straueer y, Koniery 68 Penn. St. R. 496.

requires to be in the name of the commonwealth. Com- (e ) Repealed as to the counties of Bedford, Northum-

wtonwtaUh ▼. Fourteen Hogt, 10 S. A R. .393. berland, Westmoreland, Washington and Fayette, by act

(d) By act 30 March 1S22, the guardians of the poor 27 March 1784. 2 Sm. 96. Extended to the counties ef

or persons appointed by them, have the exclusive right Tioga and Potter, by act 18 April 1 853 3 4. P. L. 650,

of taking up swine running at large in the city of Phila- See Mitchell ▼. Wolf, 46 Penn. St. R. 147| for % history of

delphia. 7 Sm. 627. the law relating to swine running at large.

(«} It is incumbent on one claiming by forfeiture under



87



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1356



Caxes.



I. COUNTY AND TOWNSHIP RATES AND LEVIES.

(1.) or THB Afl8K88MBlfT OP COUNTY TAXB8.

I. Gommissionen to make annual eitimates.

3. Triennial assessments to be made.
8. How property to be assessed.

4. In what years triennial assessments to be made.
6. What property to be assessed.

6. Assistant assessors not to partioipate.

7. Assessors and assistant assessors to be sworn.

8. Form of oath.

9. Property to be assessed at its aotnal ralne. Com-
missioners may revise or rednoe assessments.

10. Proeeedings in case of false retnm of yalne.

II. Penalty on assessors for neglect of duty.

12. For not complying with precept.

13. Commissioners to apportion taxes among the ditfer-
ent wards, Ac. Limitation of power to tax.

U. In case of personal taxes.

15. Where lands in different townships to be assessed.

16. Where the mansion-house is in a city or borough.

17. When property to be re-assessed.

18. How incumbered real estate to be assessed.

10. Assessment of real estate omitted at triennial assess-
mei^t.

(2.) or THE APPBAL.

20. Commissioners to transmit transcripts of assess-
ments to the assessors, with the rate, and uay of appeal.

21. Assessors to give notice thereof to persons charged.

22. Commissioners to give public notice of time and
place of appeal.

23. When notice to be given in the years succeeding the
triennial assessments.

24. Appeals in such years regulated. No abatement to
be made, except in year of triennial assessment, or where
improvements are destroyed.

25. Assessors to attend on appeals.

26. Assessments to be regulated, and duplicates made
thereof.

27. Appeals may be heard at subsequent Umes. Notice
to be given to assessors.

28. Freeholders may appeal from decision of the com-
missioners to the common pleas. Proceedings thereon.
Party to be entitled to trial by Jury. All appeals to be
heard by the same jury.

(8.) OP THB BOABD OP BBTI8I0H.

29. Board of revision constituted. Oath of members.

30. Commissioners to give public notice of assessments ;
and of time of aidjusting valuation.

31. Returns to be open to inspection.

32. Duties of board of revision.

33. To hear appeals.

34. Their neglect not to invalidate state taxes assessed.

85. Prothonotaries may administer oath.

(4). OP THE TAX-€0LLBCT0B8.

86. Assessors to return names of suitable persons for
«^lleotors.

87. Penalty for neglect .:,,,„ ^

88. Commissioners not to be confined, in selection of
collectors, to names returned.

89. Collectors to give bond.

40. Warrants to be issued to collectors.

41. Power» of collectors.

42. Collectors may be appointed, without surety, if free-
holders. „ ^

48. Penalty for refusal to serve as collector or assessor.
Not to be chosen for a second term, without consenL

44. Penalty increased, in case of refusal to serve as col-



Online Librarystatutes Pennsylvania. LawsA digest of the laws of Pennsylvania, from the year one thousand seven hundred to the tenth day of July, one thoudsand eight hundred and seventy-two--Brightly's annual digest for 1873 to 1875. Annual digest of the laws of Pennsylvania for the years 1873 to 1875. Together with some laws of older date → online text (page 109 of 179)