PENNSYLVANI

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  PENNSYLVANIA. The name of one of the original states of the United States of 
  America. Pennsylvania was occupied by planters of various nations, Dutch 
  Swedes, English, and others; but obtained no separate name until the year 
  1681, when Charles II. granted a charter to William Penn, by which he became 
  its proprietary, saving, however, allegiance to the crown, which retained 
  the sovereignty of the country. This charter authorized the proprietary, his 


  heirs and successors, by and with the assent of the freemen of the country, 
  or their deputies assembled for the purpose, to make laws. Their laws were 
  required to be consonant to reason, and not repugnant or contrary, but as 
  near as conveniently could be to the laws and statutes of England. 
  Pennsylvania was governed by this charter till the period of the Revolution. 
       2. The constitution of the state was adopted on the second day of 
  September, 1790, and amended by a convention selected by the people, on the 
  twenty-second day of February, 1838. The powers of the government are 
  divided into three distinct branches: the legislative, the executive and the 
  judiciary. 
       3.-1st. The legislative power is vested in a general assembly, which 
  consists of a senate and house of representatives. 
       4.-1. The senate will be considered with reference to the 
  qualification of the electors; the qualification of the members; the length 
  of time for which they are elected; and the time of their election. 1. In 
  elections by the citizens, every white freeman of the age of twenty-one 
  years having resided in this state one year, and in the election district 
  where he offers to vote ten days immediately preceding such election, and 
  within two years paid a state or county tax, which shall have been assessed 
  at least ten days before the election, shall enjoy the rights of an elector. 
  But a citizen of the United States who had previously been a qualified voter 
  of this state and removed therefrom and returned, and who shall have resided 
  in the election district and paid taxes as aforesaid, shall be entitled to 
  vote after residing in the state six months: Provided, that white freemen, 
  citizens of the United States, between the ages of twenty-one and twenty-two 
  years, and having resided in the state one year, and in the election 
  district ten days as aforesaid, shall be entitled to vote although they 
  shall not have paid taxes. Art. 3, s. 1. 2. No person shall be a senator who 
  shall not have attained the age of twenty-five years, and have been a 
  citizen and inhabitant of the state four years next before his election, and 
  the last year thereof an inhabitant of the district for which he shall be 
  chosen, unless he shall have been absent on the public business of the 
  United States or of this state; and no person elected as aforesaid, shall 
  hold the said office after he shall have removed from such district. Art. 1, 
  s. 8. 3. The number of senators shall never be less than one-fourth, nor 
  greater than one-third of the number of representatives. Art. 1, s. 6. 4. 
  The senators hold their office for three years. 
       5. Their election takes place on the second Tuesday of October, one-
  third of the senate each year. 
       6.-2. The house of representatives will be treated of in the same 
  manner which has been observed in considering the senate. 1. The electors 
  are qualified in the same manner as the electors of the senate. 2. No person 
  shall be a representative who shall Dot have attained the age of twenty-one 
  years, and have been a citizen and inhabitant of the state three years next 
  preceding his election, and the last year thereof an inhabitant of the 
  district in and for which he shall be chosen a representative, unless be 
  shall have been absent on the public business of the United States or of 
  this state. Art. 1, s. 3. 3. The number of representatives shall never be 
  less than sixty, nor greater than one hundred. Art. 1, s. 4. 4. They are 
  elected yearly. 5. Their election is on the second Tuesday of October, 
  yearly. 
       6.-2d. The supreme executive power of this commonwealth is vested in 
  a governor. 1. He is elected by the electors of the legislature. 2. He must 
  be at least thirty years of age, and have been a citizen and an inhabitant 
  of the state seven years next before his election, unless he shall have been 
  absent on the public business of the United States or of this state. Art. 2, 
  s. 4. 3. The governor shall hold his office during three years from the 
  third Tuesday of January next ensuing his election, and shall not be capable 
  of holding it longer than six in any term of nine years. Art. 2, s. 3. 4. 
  His principal duties are enumerated in the second article of the 
  constitution, as follows: The governor shall at stated times receive for his 
  services a compensation which shall be neither increased or diminished 
  during the period for which he shall have been elected. He shall be 
  commander-in-chief of the army and navy of this commonwealth, and of the 
  militia, except when they shall be called into the actual service of the 
  United States. He shall appoint a secretary of the commonwealth during 
  pleasure; and he shall nominate, and by and with the advice and consent of 
  the senate appoint, all judicial officers of courts of record, unless 
  otherwise provided for in this constitution. He shall have power to fill all 
  vacancies that may happen in such judicial offices during the recess of the 
  senate, by granting commissions which shall expire at the end of their next 
  session: Provided, that in acting on executive nominations the senate shall 
  sit with open doors, and in confirming or rejecting the nominations of the 
  governor, the vote shall be taken by yeas and nays. He shall have power to 
  remit fines and forfeitures, and grant reprieves and pardons, except in 
  cases of impeachment. He may require information in writing from the 
  officers in the executive department, upon any subject relating to the 
  duties of their respective offices. He shall, from time to time, give to the 
  general assembly information of the state of the commonwealth, and recommend 
  to their consideration such measures as he shall judge expedient. He may, on 
  extraordinary occasions, convene the general assembly; and, in case of 
  disagreement between the two houses with respect to the time of adjournment, 
  adjourn them to such time as he shall think proper, not exceeding four 
  months. He shall take care that the laws be faithfully executed. In case of 
  the death or resignation of the governor, or of his removal from office, the 
  speaker of the senate shall exercise the office of governor until another 
  governor shall be duly qualified; but in such case another governor shall be 
  chosen at the next annual election of representatives, unless such death, 
  resignation or removal shall occur within three calendar months, immediately 
  preceding such next annual election, in which case a governor shall be 
  chosen at the second succeeding annual election of representatives. And if 
  the trial of a contested election shall continue longer than until the third 
  Monday of January next ensuing the election of governor, the governor of the 
  last year, or the speaker of the senate who may be in the exercise of the 
  executive authority, shall continue therein until the determination of such 
  contested election, and until a governor shall be duly qualified as 
  aforesaid. 
       7.-3d. The judicial power of the commonwealth is vested by the fifth 
  article of the constitution as follows: 
       Sec. 1. The judicial power of this commonwealth shall be vested in a 
  supreme Court, in courts of oyer and terminer and general jail delivery, in 
  a court of common pleas, orphans' court, register's court, and a court of 
  quarter sessions of the peace, for each county in justices of the peace, and 
  in such other courts as the legislature may from time to time establish. 
       8.-Sec. 2. By an amendment to this constitution, the judges of the 
  supreme court, of the several courts of common pleas, and of such other 
  courts of record as are or shall be established by law, shall be elected by 
  the qualified electors, as provided by act of April 15, 1851. Pam. Laws, 
  648. The judges of the supreme court shall hold their offices for the term 
  of fifteen years if they shall so long behave themselves well. The president 
  judges of the several courts of common pleas and of such other courts of 
  record as are or shall be established by law, and all other judges required 
  to be learned in the law, shall hold their offices for the term of ten years 
  if they shall so long behave themselves well. The associate judges of the 
  courts of common pleas shall hold their offices for the term of five years 
  if they shall so long behave themselves well. But for any reasonable cause 
  which shall not be sufficient ground of impeachment, the governor may remove 
  any of them on the address of two-thirds of each branch of the legislature. 
  The judges of the supreme court and the presidents of the several courts of 
  common pleas, shall at stated times receive for their services an adequate 
  compensation to be fixed by law, which shall not be diminished during their 
  continuance in office, but they shall receive no fees or prerequisites of 
  office, nor hold any other office of profit under this commonwealth. 
       9.-Sec. 3. Until otherwise directed by law, the courts of common 
  pleas shall continue as at present established. Not more than five counties 
  shall at any time be included in one judicial district organized for said 
  courts. 
      10.-Sec. 4. The jurisdiction of the supreme court shall extend over 
  the state; and the judges thereof shall, by virtue of their offices be 
  justices of oyer and terminer and general jail delivery, in the several 
  counties. 
      11.-Sec. 5. The judges of the court of common pleas, in each county, 
  shall, by virtue of their offices, be justices of oyer and terminer and 
  general jail delivery, for the trial of capital and other offenders therein; 
  any two of the said judges, the president being one, shall be a quorum; but 
  they shall not hold a court of oyer and terminer, or jail delivery, in any 
  county, when the judges, of the supreme court, or any of them, shall be 
  sitting in the same county. The party accused, as well as the commonwealth, 
  may, under such regulations as shall be prescribed by law, remove the 
  indictment and proceedings, or a transcript thereof, into the supreme court, 
      12.-Sec. 6. The supreme court, and the several courts of common pleas, 
  shall, besides the powers heretofore usually exercised by them, have the 
  power of a court of chancery, so far as relates to the perpetuating If 
  testimony, the obtaining of evidence from places not within the state, and 
  the care of the persons and estates of those who are non compotes mentis. 
  And the legislature shall vest in the said courts such other powers to grant 
  relief in equity, as shall be found necessary; and may, from time to time, 
  enlarge or diminish those powers, or vest them in such other courts as they 
  shall judge proper for the due administration of justice. 
      13,-Sec. 7. The judges of the court of common pleas of each county, 
  any two of whom shall be a quorum, shall compose the court of quarter 
  sessions of the peace, and orphans' court thereof: and the register of 
  wills, together with the said judges, or, any two of them, shall compose the 
  register's court of each county. 
      14.-Sec. 8. The judges of the courts of common pleas shall, within 
  their respective counties, have the like powers with the judges of the 
  supreme court, to issue writs of certiorari to the justices of the peace, 
  and to cause their proceedings to be brought before them, and the like right 
  and justice to be done. 
      15.-Sec. 9. The president of the court in each circuit within such 
  circuit, and the judges of the court of common pleas within their respective 
  counties, shall be justices of the peace, so far as relates to criminal 
  matters. 
      16.-Sec. 10. A register's office, for the probate of wills and 
  granting letters of administration, and an office for the recording of 
  deeds, shall be kept in each county. 
      17.-Sec. 11. 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."