AN ACT TO ESTABLISH THE 5108 Geo. W. Tryon SENATE. 6066 Thomas J. Heston 5857 ASSEMBLY. 238 Benj. H. Yarnall COUNTY Samuel Breck John Thompson 6119 Benj. Matthias 6225 F. J. Harper 230 763 716 CITY AND COUNTY OF PHILADELPHIA. County. Total. 9270 10494 [Остовки of said two last mentioned acts as are not inconsistent with this act, are hereby revived and continued in force from and after the said thirtieth day of March, one thousand eight hundred and thirty-two: Provided, 'That the first Monday in each and every month, except the months of July and August, shall be a day for the return of all writs of summons, (except summons in partition) of writs of capias ad respondendum and execu tions, issued by said court, and all such writs shall be directed to be returned accordingly, and the parties in all suits instituted in said court may, after such returns of writs of summons and capias, file declarations and other pleadings, put causes to issue and have them tried, enter rules of arbitration, and arbitrate causes, and do all other matters and things in the prosecution of suits that might be done if the said writs were reI turned on the return day of any term of said court. SECT. 2. And be it further enacted by the authority aforesaid, That the court hereby established shall have the same jurisdiction in all cases of appeal from the judgment of any alderman or justice of the peace of said city or county, as is at present exercised by the court of Common Pleas for the city and county of Philadelphia, and shall hear and decide the same in the same manner as the said court of Common Pleas may now do, and all suits depending in the said court of Common Pleas upon appeals, as aforesaid, from and after the thirtieth day of March, one thousand eight hundred and thirty-two, shall be transferred to the court hereby established, there to be heard, tried, and 8020 determined, and the jurisdiction of the said court of Common Pleas, in all cases of appeals aforesaid, shall thenceforth cease and determine: Provided, That it 6267 shall be the duty of each of the judges of the said court, in addition to the other duties required of them by this 4486 act, to sit alternately for trials of such appeals at least 4688 two weeks in each term, if requisite, a separate docket 3356 for which appeals, and list of such of them as shall be at issue, shall be kept by the prothonotary of said 885 court, separate and apart from their other trial list, and 881 a distinct and separate venire facias shall be issued for 878 the summoning the requisite number of jurors for they 881 trial of such issues; the jurors to be drawn in the man. 874 ner now prescribed by law, and to be paid the same 861 compensation in the same manner as other jurors in said court. 7315 3527 6078 3250 11726 NORTHERN LIBERTIES-COMMISSIONERS. B. E. Carpenter AN ACT 1546 SECT. 3. And be it further enacted by the authority 1539 aforesaid, That from and after the thirtieth day of 1590 March, instant, all actions, matters, and things depend1543 ing in the present District Court, for the city and coun1526 ty of Philadelphia, and all process issued from and re1535 turnable thereto, shall be transferred to and proceeded 1503 in by the court, established by this act, and shall have the same effect in law as if there had been no limitation to the present court, and the governor shall, on or before the said thirtieth day of March, one thousand To establish the District Court for the city and county eight hundred and thirty-two, appoint and commission of Philadelphia, and for other purposes. three persons learned in the law, to be judges of the SECT. 1. Be it enacted by the Senate and House of court established by this act, who shall severally reRepresentatives of the Commonwealth of Pennsylva- ceive the same compensation, to commence from that nia in General Assembly met, and it is hereby enacted day, and payable in like manner, as the president of the by the authority of the same, That from and after the District Court for the city and county of Philadelphia, thirtieth day of March, one thousand'eight hundred and was entitled to receive under the act entitled “An act thirty-two, there shall be a court of record established to provide for the erection of an additional court within in and for the city and county of Philadelphia, by the the city and county of Philadelphia," passed the thirname and style of "The District Court for the city and tieth day of March, one thousand eight hundred and county of Philadelphia," which shall consist of three eleven; and it shall be the duty of the said judges to judges, learned in the, law, one of whom shall be pre- meet on the thirtieth day of March, instant, or as soon sident, who shall have and exercise the same authority, thereafter as possible, and proceed in the business of power, and jurisdiction, and be subject to the same the court and the judges of the present District Court duties, and governed by the same provisions as are for the city and county of Philadelphia, are hereby enenacted by the act, entitled "An act to provide for the joined and required to order the arrangement of the erection of an additional court within the city and coun-business for the March term, and direct venires to issue ty of Philadelphia," passed the thirtieth day of March, one thousand eight hundred and eleven, and the supplement to the said act, passed the third day of March, one thousand eight hundred and twelve; and so much for summoning the requisite number of panels of jurors to attend at said term of the court, established by this act, agreeably to the provisions of the second section of the act, entitled "A supplement to an act to provide: for the erection of an additional court within the city and county of Philadelphia," passed the third day of March, one thousand eight hundred and twelve. SECT. 4. And be it further enacted by the authority aforesaid, That any one of the judges of the court hereby established shall have power to try all civil pleas and actions, real, personal, and mixed, and to grant motions,and for these purposes shall have and exercise the same powers, authority, and jurisdiction as are hereby vested in the said court; and it shall be the duty of the said judges to sit separately, at the same time, for the trial of all such causes as often as the same may be found necessary and proper for the despatch of business; and the prothonotary of the said court shall appoint competent clerks, to attend at said trials, when not present in person, and whenever it shall so happen that all of the said judges are not sitting at the same time, either separately or together, questions of bail, and other matters, requiring early attention, (to the decision of which a single judge is, by the foregoing provisions, or ordinary practice, competent,) shall not be permitted to interfere with jury trials, but shall be heard and disposed of by such one or more of the said judges as may not be then sitting for the trial of causes as aforesaid; that it shall be lawful for any one of said judges, when he thinks expedient, to reserve questions of law which may arise on the trial of a cause, for the consideration and judgment of all the judges of said court, sitting together: Provided, That either party shall have the right to a bill of exceptions to the opinion of the court, as if the point had been ruled and decided on the trial of the cause. SECT. 5. And be it further enacted by the authority aforesaid, That it shall be the duty of the said court to cause writs of venire facias to issue for summoning the requisite number of jurors, to be drawn in the manner now prescribed by law; to attend before each of the said judges, for trial of said causes, and each of the said judges shall have power to fine the said jurors for non attendance, and while sitting for the trial of causes, shall have the same power and authority that is now possessed by the District Court for the city and county of Philadelphia. And the seal heretofore used by the District Court for the city and county of Philadelphia, shall be the seal of the court established by this act. SECT. 6. And be it further enacted by the authority aforesaid, That there shall be a prothonotary appointed by the governor, for the said court, who shall perform all the duties of a prothonotary, and shall be entitled to receive like fees as other prothonotaries are entitled by law to receive for similar services, and be subject to the like account to the commonwealth, and give the like security as the prothonotary of the court of Common Pleas of the county of Philadelphia is required by law to give for the due performance of the duties of his office; and it shall and may be lawful for the prothonotary, under the sanction of the court, to appoint one or more discreet persons as commissioners of bail, who are hereby empowered to take and receive recognizances of bail, in any suit of action in the said court, to administer oaths and affirmations, and also to appoint arbitrators, in case of the absence or sickness of the prothonotary, in the same manner as if the prothonotary was present. SECT. 7. And be it further enacted by the authority aforesaid, That the motions for new trials and in arrest of judgment, and questions on reserved points, which may be made and sustained before any one of the judges of the said district court, shall be reserved by the said judges, and heard and decided by the three judges of the said court, or any two of them sitting together for that purpose. SECT. 8. And be it further enacted by the authority aforesaid, That in all cases in which the judges of the court hereby established, or any of them holding said court, shall deliver an opinion of the court, if either party by himself or counsel require it, it shall be the duty of the judge delivering the opinion, to reduce the same with the reasons therefor to writing, and file it of record in the cause. SECT. 9. And be it further enacted by the authority aforesaid, That the Mayor's court for the city of Philadelphia, instead of holding four courts in each and every year, as heretofore, shall hold a court on the first Monday of June, in the year one thousand eight hundred and thirty-two, and on the first Monday of each and every month thereafter, for the inquiring, hearing, trying and determining of all pleas and matters of which the said court has jurisdiction, and they shall do all matters and things necessary to be done for holding courts at the times herein specified, and they shall sit for said purposes as long as may be necessary, to do the business which may at such times be submitted to the said court. SECT. 10. And be it further enacted by the authority aforesaid, That the said Mayor's court shall, after the passage of this act, have authority to grant licenses to hawkers and pedlers, in all cases where the court of Quarter Sessions of the county of Philadelphia, are now authorized to grant the same, under the regulations and provisions established by law, and the authority of the said court of Quarter Sessions to grant such licenses, is hereby taken away. SECT. 11. And be it further enacted by the authority aforesaid, That the act entitled "An act enjoining duties on the Attorney General, and for other purposes, so far as it gives concurrent jurisdiction to the District court for the city and county of Philadelphia, with the court of Common Pleas of the county of Philadelphia, in all the powers and jurisdiction vested in the said court of Common Pleas by virtue of an act entitled “An act to compel assignees to settle their accounts, and for other purposes," is hereby repealed. SECT. 12. And be it further enacted by the authority aforesaid, That the commissioners of the county of Philadelphia shall provide proper and suitable apartments, in which the trials in the said District court shall be had, as provided by this act. SECT. 13. And be it further enacted by the authority aforesaid, That this act shall continue in force for and during the term of three years from and after the thirtieth day of March, one thousand eight hundred and thirty-two, and no longer. JOHN LAPORTE, Speaker of the House of Representatives. WM. G. HAWKINS, Speaker of the Senate. Approved-The twenty-sixth day of March, A. D. one thousand eight hundred and thirty-two. GEO. WOLF. A SUPPLEMENT To an act entitled "An act to establish the District Court for the city and county of Philadelphia, and for other purposes." SECT. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the ninth section of the act of twenty-sixth March, eighteen hundred and thirtytwo, entitled "An act to establish the District Court for the city and county of Philadelphia, and for other purposes," be and the same is hereby repealed. SECT. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the keeper of the jail of the city and county of Philadelphia, on the first Monday of each month hereafter, or oftener if deemed necessary by the Attorney General, to present to the deputies of the Attorney General for the Mayor's Court of said city, and for the court of Quarter Sessions of said county respectively, complete calendars of the prisoners in his custody, who have been committed for trial in the said courts, carefully specifying their names, color, cause of committal, and the magistrate by whom they have been committed; and that the said deputies re- JOHN LAPORTE, 70 74 103 82 127 76 74 75 16+ 73 Aug.-Average height of the mercury, in the sun, at 9 o'clock, A. M. Do. shade do. Difference Average height of the mercury, in the sun, at 3 o'clock, P. M. Do. shade Difference do. declarations were being submitted to the court; and On Tuesday last, the general election took place in this city and throughout the state. The polls were opened about 8 o'clock. On no former occasion, we believe,have such an excitement and interest been manifested. The windows and avenues were crowded at a very early hour; each person anxious to vote during the forenoon. In most of the wards, it was arranged so that a certain number of each party was detailed to attend at the windows to prevent disorder-this, together with the, plan adopted by the voters, to place themselves in single file, from the street to the windows, and each one proceeding in his turn to vote, prevented a great deal of the pressure and confusion which have heretofore attended our elections. With some few exceptions, there was much less noise and disturbance, than was to be apprehended from such a crowd, excited as they were by the deep interest taken in the result of this election, which turned principally on the Presi dential question. A painting hung out in front of a hotel in Chesnut street, above the Theatre, excited the resentment of some of the populace, and caused an attack, resulting in the destruction of the picture, and considerable injury to the house. During the evening,some riotous 72 proceedings also occurred at another hotel opposite the State-house, in front of which another painting was exhibited; but the interference of the police prevented any serious injury; and two or three persons were arrested. In our present number will be found the returns of the elections taken from the morning papers. + Rain. Pittsburg Gazelle. NEW BERLIN, Pa. September 28. Revolutionary Soldiers.-On Monday and Tuesday last our village presented a very interesting spectacle. An adjourned court was held on those days for the purpose of substantiating the claims of soldiers of the Revolution to pensions, which were allowed by a late act of congress. A public dinner was given to them at Mr. Aurand's hotel by the citizens of this place. Thirty-nine of these grey-headed veterans made application. Their appearance in the court-house, while their Printed every SATURDAY MORNING by WILLIAM F. GED. DES, No. 9 Library Street. Philadelphia; where, and at the PUBLICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office,(front room? subscriptions will be thankfully re ceived. Price FIVE DOLLARS per annum, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance. REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. X.-NO. 16. EDITED BY SAMUEL HAZARD. PHILADELPHIA, OCTOBER 20, 1832. NO. 251. WESTERN PENITENTIARY. Report of the Inspectors of the Western Penitentiary. vision for that object, by a small annual appropriation. It appears from the report of the physician, that contipation of the bowels and diarrhea, have been the To the Honourable the Senate and House of Representa- most numerous diseases in the prison; in his report he tives of the Commonwealth of Pennsylvania. says so many cases of constipation of the bowels were Since the last annual statement of the condition and in some measure owing to want of their usual exercise; circumstances of the Western penitentiary, it has been but as both constipation and diarrhoea occurred most the misfortune of the institution to have been deprived, frequently among drunkards, the frequent attacks of by death, of the valuable services of their late president, that character may also be attributable in a great deJohn M'Donald, Esq. The vacancy occasioned there-gree, to the withdrawal of their accustomed stimu by, was filled by the Supreme Court at the September lants." But one case of death has however occurred, session, in Pittsburg, by the appointment of Mr. Benja- and but five now remain unwell." min Darlington. The board, therefore, now consists of the following members, viz. Benjamin Darlington, President. William Robinson, jr. Secretary. In closing our report, we again consider it our duty to place before your observation, the manifold imperfection in the plan of this prison, so little adapted in our estimation, to the furtherance of the beneficent intentions of the Legislature. With this view, we would ask leave to refer you to the report of this board for the preceding year, together with the accompanying spectable president of the board of the Eastern Penitentiary-who states that he visited this prison in June, 1830, for the purpose of personal inspection, and that The absence of the two last named gentlemen, the form-documents. To the opinion of the intelligent and reer in the Senate of the United States, and the latter in the Senate of this state, has deprived the board of their aid and suggestions in making its annual report. In conformity vested by law in the board, the follow-the result of his observations was, "that the ranges of ing appointments have been made and continued! Warden, Mr. John Patterson. Physician, Wm. H. Denny. Clerk, A. D. Pollock. cells were too small, and not sufficiently ventilated and lighted to be used as workshops, to be principally use ful as directories; and he was induced to believe that convicts could not be advantageously employed therein at solitary labor. The building being also unprovid ed with separate yards for the different cells, it becomes necessary to the health of the prisoners, to allow them to associate with each other in the common yards." Besides these manifest disadvantages, the prisoners can, whilst in their cells, hold conversations with each oth er, either for good or evil purposes; nor can they be employed therein as above stated, in useful or profitable labor. We also lay before you a report from the warden of this prison to the board, marked B. and to renew to you our former assurances of entire confi dence in his capacity and zeal to promote, (as far the construction of the prison will in its present shape admit,) all the requisitions of the law. During the preceding year, there have been received forty-four convicts; forty-one have been discharged, and one has died; leaving in the prison, on the 31st December, 1831, sixty-four prisoners, all of which, and other matters required by law, will more fully appear by reference to the annexed tabular statement marked A. Constructed as this prison has been, it seems next to impossible that that great object, the reformation of its profligate inhabitants, can be largely promoted. Indeed, with the appalling train of disadvantages in the construction and interior arrangement of this prison, when the well disposed cannot be separated from the more hardened in crime, it is more a matter of wonder that good has been done at all in this respect. In short, in constructing the Western penitentiary just as it now is, the state of Pennsylvania has done nearly all in its pow-deavoured to describe, and for the purpose of placing ér to secure mere confinement, and, (though not designedly) exclude reformation. To obviate the defects which we have only in part en the establishment in such a condition as will accommodate the present number of convicts in the necessary Still, however, under all the disadvantages, we are stock, tools, and implements of manufacture, and make not without some encouragement. The truly pious the alterations required; to give proper effect to useful and enlightened young clergyman, Mr. Pollock, whose employment, to more salutary confinement, and to the unrequited services we have happily secured for the important cause of moral and religious reformation, and last two years, states to us in his report, "that though generally to adapt the prison to the accomplishment of amid cases of consummate hypocrisy, he is yet prepared those ends intended by the law, we respectfully sugto say that good has been done. In several instances, gest that the sum of ten thousand dollars be appropriatthe voice of prayer is whispered in the cells, and that in ed. With this sum, it is the opinion of the board, that the some which he could name, the Bible has become dear Western penitentiary may be made permanently beneto convicts who, previous to their entrance, were either ficial to the interest and security of society, both by the unable to read it, or had no desire to do so;" and in punishment and reformation of offenders, and an exview of the subject proceeds to say, "that his expe-emption of expense to the various counties now obliged rience and observation justify him in believing that re-to maintain their own convicts. formation of character, as an object of the imprisonment system, is no chimera in prisons more favourable than this for solitary confinement." The importance of securing permanent aid in this department, requires us again to suggest to you the propriety of making a pro VOL. X. 31 All of which is respectfully submitted. JOHN IRWIN, |