A prothonotary shall be nominated by the court.

How the writs shall be granted and

bear test.

Shall hold
pleas
in

equity,

in

accordance with the

rules of chancery courts

in

ye sa Judgm", as the Law doth or shall Direct; and also to Examine covict & punish, the contempts, omissions & neglects, ffavours, corruptons & Defaults, of all, or any of the Justices of the peace, Sheriffs, coroners, clerks & other of ficers, within y s respective counties. And also, shall award process for Levying as well of such ffines, fforfeitures & amerciams as shall be Estreated into y° sa Supreme court, as of y ffines, fforfeitures & amerciam" which shall be Lost, Taxed or set there, & not paid to ye Uses they are or shall be appropriated; and Generally shall Minister Justice to all persons, & exercise y Jurisdictions & powers hereby Granted, Concerning all & singular y pmisses according to Law, as fully & amply to all intents & purposes whatsoever as the Justices of the Courts of Kings Bench, Com'on pleas & Exchequer at Westminster, or any of them, may or can do.

And that there shall be a fit person Nominated by yo Judges of y s Supreme Court and Comisionated by y Govern' to be prothonotary or Clerk of y° sd Supreme Court, who shall keep & duely Attend his office, at some convenient place in y City of philadelphia; & may be suspended, punished or amoved by y sd court for Misdemeanours in his sa office.

And be it further enacted, That all the s writts be granted of course, and made in the Name & stile of the King, his heirs & successors, and shall bear Teste in y° Name of y Chief Justice for y° time being, But if he be plaintiff or defendant, in y Name of one of the other Justices, and shall be sealed with the Judicial seal of the sa Court & made Returnable to the next Court after the Date of such writts. Provided always That none of the Judges of the said Supreme or provincial court, shall sit Judicially in any of the sa Courts of comon pleas, Quarter Sessions, or any other Inferiour court in this province. And be it further enacted by yo authority afores, That ye sd Judges of the supreme court are hereby also authorized & enabled to hold plea in Equity, by Bill, appeal, petition or suit, to be brought or exhibited in ye sa court, by for or against any person or persons whatsoever, for any Discovery or other matters Relievable in Equity, and thereupon to Issue out process of subpena or Distringas, and all other usual process for compelling y parties defendants in such suits, to appear put in their answers and make their Defences to such Bills, appeals, petitions or suits; and for the parties to proceed therein & thereupon, according to such Rules or Orders, & in such manner & form, as the Courts of Chancery & Exchequer in Great Britain, have used to proceed by. And upon Issues Joyned in any of the s causes or suits in Equity, ye sd Court is to Cause Witnesses to be Examined, if Desired on either side, by Comissions to be awarded for that purpose or by sworn or attested Examiners; and after the publication of the Depositions of the Witnesses, to proceed to the hearing of the s causes, and upon proofs & Evidences therein or thereupon, proceeding. or upon Bill & answer, where no witnesses shall be Examined or proofs made, to make such orders and Decrees, either for y' Relief of the plaintiffs or for the Directing any Issue or Issues at Law to be Tryed for y° Informa'con of the court,

·Great Britain.

Examiners shall be appointed.

Manner

of

ister in equity.

Judges shall de

liver the jails of prisoners, held

for treason, mur

der, &c.

or for y Dismissing of the s plaintiffs Bills, or otherwise as
y's Court shall see just & Reasonable; and as is or hath
been used in yes Courts of chancery or Exchequer in Great
Britain. And ye sd court shall award such process, for the
inforcing y parties in y° s suits to yield obedience to such
orders or Decrees, as shall be made in ye sd causes; and in
case of Non-performance thereof, or Disobedience thereto,
yes Court shall award all such process of contempt against
the persons and Estates of him or them that shall be in con-
tempt, or refuse obedience to any of the sa orders & Decrees;
and make and Execute like process, Orders and proceedings
thereupon, as are and hath been used in like cases, in or by
the s Courts of Chancery or Exchequer in Great Britain. Prothonotary
And that the prothonotary of the supreme court shall be shall be the reg-
Register of ye sd Court of Equity. And be it further enacted
by the authority afores, That all & singular ye Indictm" &
presentm, which now are, or hereafter shall be made or
taken, for or concerning any Treasons, Murthers & such
other Crimes, as are or shall (by the Laws of this province)
be made Capital, or ffelonies of Death, which have been or
shall be done or comitted, perpetrated or happen, within
this province, shall be heard, Tryed and Determined, by and
before the said provincial Judges or any Two of them, in
the respective counties of this province where any of the s
offences shall happen to be Com'itted; which s provincial
Judges shall have power, & are hereby authorized and Im-
powered, from time to time, to Deliver ye Gaols of all persons
which now are, or hereafter shall be com'itted, for Treasons,
Murders and such other crimes, as, by the Laws of this pro-
vince, now are or hereafter shall be made capital or ffelonies
of death, as afores, and for that end, from time to time to
Issue forth such Necessary precepts & process, and force
obedience thereto, as Justices of assize, Justices of Oyer &
Terminer, and of Gaol Delivery, may, or can do in the Realm
of Great Britain. Provided always: That y Ffees due to Fees.
y Judges and officers of the s Court for hearing & Deter-
mining any of the s capital offences for any thing done
there, shall be double the ffees usually taken in y General
Quarter Sessions held in any of the counties of this pro-
vince, any thing herein, or in any other Law to the contrary
Notwithstanding.

Passed May 28, 1715. Recorded Law Book A vol 2 P 109.
Repealed in Council July 21, 1719.

County courts of shall be held four

common pleas

times a year.

Three justices

ณ

quorum.

AN ACT

For Establishing y' several courts of Com'on pleas in this province.

Be it Enacted by Charles Gookin, Esquire, by the Royal approbation, Lievtenant Governour under William Penn, Esquire, proprietary & Governour in Chief of the province of pensilvania, By & with the advice & consent of the freemen of the 8 province in General Assembly met, and by the authority of the same; That a compleat Number of persons shall be comissionated by y° Governour or his Lievtenant, under the Broad Seal of this province, who shall hold & keep a court of Record in every county, which shall be called and stiled The County Court of Comon Pleas, & shall be holden four times in every year, at the places where y* General Quarter Sessions shall be respectively kept, viz'): at Philadelphia, for the county & City of Philadelphia, on the day called the first Wednesday, next after y° day appointed for the Quarter Sessions to begin on there, in y° Months called March, June, September & December; at Bristol, for the county of Bucks, on y Ninth day following, inclusive, in every of the s Months; and at Chester, for ye County of Chester, on the day called y last Tuesday, in yo Months called May, August, November and ffebruary; which s Justices or any three of them, (according to y° Tenure & Directions of their Com'issions,) shall hold pleas of assizes, scire facias, Replevins, and hear and Determine all, & all manner of pleas, actions, suits & causes, civil, personal, Real & Mixt, as near as Conveniently may be to the Rules of the Com'on Law, & to the course and practice of the Kings court of Com'on pleas at Westminster, and according to the Lawes & Constitutions of this province. And be it further Enacted by y' authority afores; That every of the s Justices shall and are hereby Impowered to Grant, under the seal of the respective counties, Replevins, writts of Partition, writts of View, & all other writts & Process upon the s pleas and actions cognizable in y° said respective courts, as occasion may require; Excepting the original process, which are to be Granted under y seals of the respective Justices. And be it further Enacted; That ed in one countyy sa Justices of the sa respective Courts shall and are hereshall operate in by Impowered to Issue forth subpoenas under their respective hands, & seal of the Counties, into any county or place of this province, for sumoning or bringing any person or persons to Give Evidence in or upon the Tryal of any Matter or cause whatsoever, Depending before them or any of them, under such pains and penalties, as by the Rules of the Com'on Law, & Course & Practice of the Kings Courts at Westminster, are usually appointed.

Jurisdictions.

How

original process shall

bc granted.

Subpanas grant

another.

An alias execution may be granted, directed

to

the sheriff

of

And be it further Enacted, That upon any Judgment obtained in any of the said courts of this Province, and execution returned by the Sheriff or Coroner of the proper County where such Judgm' was obtained, That the party is not to be found, or hath no Lands, or Tenem" Goods, or Chattles in that county, and thereupon it is Testifyed, That the party skulks, or lies hid, or hath Lands, Tenem" Goods or Chat

another

county.

tles, in another County of this province, It shall & may be lawful to & for the Court that Issued out such Execution, to Grant, and they are hereby required to Grant an alias Execution, with a Testatum, Directed to the Sheriff or Coroner of the county or place where such person lies hid, or where his Lands or Effects are, comanding him to Execute y same, according to the Tenure of such writt or writts, & make Return thereof to the Court of Com'on Pleas where such Recovery is had or Judgm' Given. And if the Sheriff or Coroner, to whom any such writt or writts shall be Directed, shall Refuse or Neglect to Execute & Return y° same accordingly, he shall be amerced in y° court where he ought to Return it, and be lyable to the action of the party Grived: And y ameriam" shall be Truely & duely set according to the Quality of the offence & Estreated by the prothonotary of the respective courts of com'on pleas of this province, into the next succeeding supreme or provincial court in course, That thence process may Issue out against the Offenders for Levying such ffines & amerciam as also be unpaid, to the uses for which they are or shall be appropriated. And be it further Enacted by the authority aforesaid, That Defendant shall if any Defendant in any suit or action, by reason of his or court in case of their sudden Departure out of this province, shall require a sudden depart. more speedy Determination in such action or suit, than can be obtained by the Com'on or ordinary Rules of proceeding in any of the sd courts of Com'on Pleas in this province, The 8 Justices in y° sd respective courts, upon applica'con to them made, shall Grant to such Defendant or Defendants Special Courts, & shall proceed to hear & Determine y p'misses, according to the course & practice of the s courts of Com'on Pleas.

Provided always, That before the s Justices shall Grant such Special Court, or proceed to hear & Determine y° p'misses, such Defendant shall Give Bail to yo plaintiffs action by Recognizance, according to the course & practice of the s court of com'on pleas.

Provided also That the ffees due to the Justices & officers of each Special Court for any thing done there, shall be double the ffees usually by them taken for the same in the s court of com'on pleas, any thing or any other Law contained to the contrary Notwitstanding.

And to prevent the Excessive charges that have of late arrisen upon Executing Writts of Enquiry of Damages; It is hereby Enacted, That the Justices who give any Interlocutary Judgm' shall, at the motion of the plaintiff, or his at torney in the action where such Judgm' is given, make an Order, in the Nature of a Writt of Inquiry, to charge the Jury attending y° same or the next court, after such Judgm is Given, to Enquire of the Damages & Costs sustained by the plaintiff in such action; which Inquiry shall be made, & Evidence given in open Court; and after y* Inquest consider thereof, they shall forthwith Return their Inquisition under their seals; Whereupon the court may proceed to Give Judgm' as upon Inquisitions of that kind returned by the Sheriff. And be it further Enacted by the authority

Fines shall be estreated into the supreme court.

have a special

ure.

Special bail shall be required.

Double fees shall be paid.

Process

on

writs of

enquiry regulated.

Attornies

may be admitted to

practice in all the courts of this province.

Warrant of attorney shall be filled with the prothonotary.

afores". That there may be a competent Number of persons,
of honest disposition & learned in y Law, admitted by the
Justices of the s respective courts, to practice as attorneys
there, who shall behave themselves Justly & ffaithfully in
their practice; And if they Misbehave themselves therein,
they shall suffer such penalties and suspensions, as attorneys
at Law in Great Britain are lyable in such cases; By which
s attorneys actions may be Entered, & Writts, Process,
Declarations, & other pleadings & Records, in all such ac-
tions & suits, as they shall respectively be Concerned to
Prosecute or Defend from time to time, may be Drawn, &
with their Names & proper hands signed: Which s Attor-
neys so admitted, may practice in all the courts in this pro-
vince without any further or other License or Admittance.
And that the attorney for the plaintiff in every action shall
ffile his Warrant of attorney in y° prothonotaries Office y
same court he Declares; And the attorney for the Defendant
shall file his warrant of attorney, ye same court he appears;
And if they Neglect so to do, they shall have no ffee allowed
them in the Bill of Costs, nor be suffered to speak in the
cause, till they ffile their warrants respectively.
Passed May 28, 1715.

Recorded Law Book A, Vol. 2, p. 112.
Repealed in Council July 21, 1719.

How original

process shall issue, and bear test.

AN ACT

For the better ascertaining y' practice of y' Courts of Judicature in this province.

Whereas the Law, which ought to be the Rule and Standard of all Judicial proceedings, is in itself Just, and Grounded upon that most Excellent principal of doing to others what we would have done to us, Nevertheless Complaints are made, That the practice of the Law in this province falls under some Irregularities; ffor Rectifying whereof & to prevent the like Inconveniency for the future, and to the end that the s courts of Judicature may be Governed by the same Rules & course of proceedings throughout this province: Be it Enacted, by Charles Gookin Esquire, by y° Royal approbation Lievtenant Governour under William Penn, Esquire, proprietary & Governour of the province of Pensilvania, By and with the advice & consent of the ffreemen of the s province in General Assembly, and by the Authority of the same, That the first comencement of all suits or actions in the Courts of Com'on Pleas within this province shall be by the plaintiffs or their attorneys taking out or obtaining Writts of Sum'ons capias or attachm', as the case may require, under y° hand & seal of one of the Justices of the s courts, directed to the Sheriff or coroner of the proper county, returnable to the next court after the date or Teste thereof; which Writts shall contain & Express the