(Act 1911, Sec. 5, P. L. 9.) Qualifications of President Judges. 18. ⚫⚫⚫ The president judges of all courts of record shall be learned in the law; and shall be qualified electors of this Commonwealth, and shall be otherwise qualified. ... (Act 1851, Sec. 3, P. L. 649.) Manner of Determining Who Shall be President 19. After the expiration of the term of any president judge of any court of common pleas, in commission at the adoption of this Constitution, the judge of such court, learned in the law, and oldest in commission, shall be the president judge thereof; and when two or more judges are elected at the same time, in any judicial district, they shall decide by lot which shall be president judge; but when the president judge of a court shall be re-elected, he shall continue to be president judge of that court. ... (Sec. 16, Sched, to Constitution.) In all districts in which by the provisions of this act, two judges are provided, one of said judges shall be the president judge of said district, and the other the additional law judge thereof. The judge of said district whose commission shall first expire shall be president judge thereof, except when the president judge has been or shall be re-elected, in which case he shall continue to be president judge. The said additional law judge shall possess the same qualifications which are required by the Constitution and laws for the president judge of said district and shall hold his office for a like term and by the same tenure, and shall have the same powers, authority and jurisdiction, and shall be subject to the same duties, restrictions and penalties, and shall receive the same compensation as the president judge of said district. (Act 1901, Sec. 7, P. L. 669.) How priority of Commission to be Determined. 20. Should... any two or more judges of the court of common pleas for the same district, be elected at the same time, they shall, as soon after the election as convenient, cast lots for priority of commission, and certify the result to the Governor, who shall issue their commissions in accordance therewith. (Art. 5, Sec. 17, Constitution.) Judges to Reside in Their Districts. 21. ⚫⚫⚫ Judges, during their continuance in office, shall reside within the districts for which they shall be respectively elected. (Art. 5, Sec. 19, Constitution.) Offices Incompatible With That of Judge. 22. No judge of any court of this Commonwealth shall practice as attorney or counsellor in any court of justice in this Commonwealth, or elsewhere nor shall he hold or exercise the office of alderman or notary public. (Act 1834, Sec. 75, P. L. 354.) +Filling Vacancies in Office of Judge. 23. Any vacancy happening by death, resignation or otherwise, in any court of record, shall be filled by appointment, by the Governor, to continue till the first Monday of January next succeeding the first (municipal) election, which shall occur. (two) months after the happening of such vacancy. (Art. 5, Sec, 25, Constitution.) MUNICIPAL COURT. Creation of Municipal Court in Philadelphia 24. ... In the county of Philadelphia there shall be, and hereby is created, a court of record, to be known as the Municipal Court of Philadelphia. It shall consist of a president judge, and one associate judge for each two hundred thousand of population, or fractional part thereof in excess of one hundred thousand, in such county; such population to be determined, from time to time, by the latest census of the United States. ...(Act 1913, Sec. 1, P. L. 711.) COUNTY COURT JUDGES. Creation of County Court in Allegheny County. 25. That in the county of Allegheny there shall be and hereby is created a court of record, to be known as the County Court, to be composed of one judge for each two hundred thousand of population, or fractional part thereof where such fractional part exceeds one hundred thousand; such population to be determined, from time to time, by the latest census of the United States. (Act 1911, Sec. 1, P. L. 198; see also Act 1911, Sec. 1, P. L. 664, and Act 1915, Sec. 1, P. L. 502.) 26. ASSOCIATE JUDGES. Election of Associate Judges. ... The qualified electors of each of the several counties of this Commonwealth shall, at the next ... (municipal) election, at the times and places of electing representatives, and whenever it shall become necessary,.. vote for two persons to serve as associate judges of the several courts of (each) county. (Act 1851, Sec. 1, P. L. 648.) Counties Forming Separate Districts not to 27. ... The office of associate judge, not learned in the law, is abolished in counties forming separate districts. *** (Art. 5, Sec. 5, Constitution.) Term of Office of Associate Judges. 28. ⚫⚫⚫ Associate judges not learned in the law, elected after the adoption of this Constitution, shall be commissioned to hold their offices for the term of ... (six) years from the first day of January next after their (Section 16, Sched. Constitution.) election. The word "vacancy" as applied to an office has no technical meaning. An existing office without an incumbent is vacant. There is no basis for the distinction that it applies only to an office vacated by death, resignation or otherwise. It may be applied to an office when it is first created, and has been filled by no incumbent; and a vacancy may exist by reason of the expiration of the term. 232 Supreme Court, 36. Under the provisions of the Constitutional Amendments and the Schedule for the Amendments, adopted in 1909; also the Act of 1911, Sec. 2, P. L. 9, all Associate Judges and county officers holding office at the date of the approval of said amendments, whose commissions expire on the first Monday of January in an oddnumbered year, shall continue to hold their offices until the first Monday of January in the following even-numbered year. 29. Judges to Reside in Their Districts. *** Judges during their continuance in office, shall reside within the districts for which they shall be respectively elected. (Art. 5, Sec. 19, Constitution.) Offices Incompatible With That of Judge. 30. No judge of any court of this Commonwealth shall practice as attorney or counsellor in any court of justice in this Commonwealth or elsewhere, nor shall he hold or exercise the office of alderman or notary public. (Act 1834, Sec. 75, P. L. 354.) Filling Vacancies in Office of Associate Judge. (See District Judges.) CHAPTER XLVII. +COUNTY OFFICERS. (See Primaries, Chapter IV, for manner of nominating candidates for all County offices; see "General Elections" for time and manner of conducting elections for county officers.) County Officers, of What Consisting-Sheriff and Treasurer Cannot Serve Two Consecutive Terms. 1. County officers shall consist of sheriffs, coroners, prothonotaries, registers of wills, recorders of deeds, commissioners, treasurers, surveyors, auditors, or controllers, clerks of the courts, district attorneys, and such others as may, from time to time, be established by law; and no sheriff or treasurer shall be eligible for the term next succeeding the one for which he may be elected. (Art. 14, Sec. 1, Constitution.) Qualifications for County Officers. 2. No person shall be appointed to any office within any county, who shall not have been a citizen and an inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limit of the county or counties out of which it shall have been taken. (Art. 14, Sec. 3, Constitution.) Election of County Officers-Term of Office. 3. County officers shall be elected at the municipal elections and shall hold their offices for the term of four years, beginning on the first Monday of January next after their election, and until their successors shall be duly qualified; all vacancies not otherwise provided for, shall be filled in such manner as may be provided by law. (Art. 14, Sec. 2, Constitution.) Election of County Commissioners and Auditors -When Court Shall Fill Vacancy in Office of County Commissioner and Auditor.. 4. Three county commissioners and three county auditors shall be elected in each county where such officers are chosen, in the year 1911, and every fourth year thereafter; and in the election of said officers, each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; any casual vacancy in the office of county commissioner or county auditor shall be filled by the court of common pleas of the county in which such vacancy shall occur, by the appointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled. (Art. 14, Sec. 7, Constitution.) Governor to Fill Vacancies in County Offices not Otherwise Provided For. 5. ***(The Governor) shall have power to fill any vacancy that may happen during the See footnotes on page 492. See Sec. 1 of the Act of 1893, P. L. 462, for counties containing 40,000 inhabitants, which thereafter become a separate judicial district. recess of the Senate, *** in a judicial office, or in any other elective office which he is or may be authorized to fill; if the vacancy shall happen during the session of the Senate, the Governor shall nominate to the Senate, before their final adjournment, a proper person to fill said vacancy; but in any such case of vacancy in an elective office a person shall be chosen to said office on the next election day appropriate to such office according to the provisions of this Constitution, unless the vacancy shall happen within two calendar months immediately preceding such election day, in which case, the election for said office shall be held on the second succeeding election day appropriate to such office. *** (Art. 4, Sec. 8, Constitution.) Filling Vacancies in Office of Coroner. 6. If any person who has or shall be elected to the office of coroner shall neglect or refuse, for the space of three months next after such election, to assume the duties of said office, and to comply with the requisitions of the acts of Assembly in such cases provided, the said office shall be treated as vacant; and it shall be the duty of the Governor to appoint and commission some suitable person to fill such vacancy, who shall hold and enjoy said office, and all the emoluments appurtenant thereto, until the next (municipal) election thereafter. And no fees shall hereafter be charged on commissions issued to the coroners of the several counties of this Commonwealth. (Act 1842, Sec. 11, P. L. 235.) 串串 *Counties of the Fourth Class to Elect one Person as Prothonotary and one Person as Clerk of Courts. 7. *** The qualified electors of each county of the fourth class shall elect one person to fill the office of prothonotary, and one person to fill the office of clerk of the courts of quarter sessions and oyer and terminer. At the first municipal election occurring after the passage of this act and every four years thereafter, there shall be elected, in each of said counties where a vacancy is about to occur by the expiration of the terms of the person or persons now in office, a person as prothonotary, and a person as clerk of the courts of quarter sessions and oyer and terminer. In all other counties of the fourth class, there shall be elected, at the municipal election in the year one thousand nine hundred and twenty-three and every four years thereafter, a person as prothonotary, and a person as clerk of the court of quarter sessions of over and terminer, to take the places of those officers whose terms are about to expire on the first Monday of January next following. All prothonotaries, and clerks of the court of quarter sessions and oyer and terminer, elected under the provisions of this act, shall hold their respective offices for terms of four years from the first Monday of January succeeding their election and until their successors shall be duly elected and qualified. Each prothonotary and clerk of the courts elected under the provisions of this act shall receive the salary now or hereafter provided by law for such officers in counties of the class herein provided for. 1921, Sec. 1, P. L. 553.) (Act Counties Containing Forty Thousand Inhabitants to Elect One Person as Prothonotary, One Person as Clerk of the Courts of General Quarter Sessions and Oyer and Terminer, One Person as Register of Wills and Clerk of the Orphans' Court, and One Person as Recorder of Deeds. 8. That in each of the counties of the Commonwealth, containing forty thousand inhabit Fourth class counties are those counties having 150,000 and more but less than 250,000 population. See Sec. 1 of the Act of 1893, P. L. 462, for counties containing 40,000 inhabitants, which thereafter become a separate judicial district. ants, which hereafter may be created separate and independent judicial districts, under section five, article five of the Constitution, there shall be elected one person to fill the office of prothonotary, one person to fill the office of the clerk of the courts of general and quarter sessions and over and terminer, one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds at the expiration of the terms of the persons now filling and exercising such offices in such counties, and the persons so elected shall hold such office for the time and under the terms provided by existing laws therefor. (Act 1901, Sec. 1, P. L. 559.) Counties Containing Over Thirty Thousand Inhabitants to Elect One Person to Fill the Offices of Prothonotary, Clerk of the Court of Quarter Sessions, and Clerk of the Court of Oyer and Terminer, and One Other Person to Fill the Offices of Register of Wills, Recorder of Deeds, and Clerk of the Orphans' Court. now 9. That in each of the counties of the Commonwealth or hereafter containing over thirty thousand inhabitants, and in which the offices of prothonotary, clerk of the court of quarter sessions, clerk of the court of over and terminer, register of wills, recorder of deeds, and clerk of the orphans' court, are now or may hereafter be held by one person, there shall be elected one person to fill the offices of prothonotary, clerk of the court of quarter sessions, and clerk of the court of oyer and terminer, and one other person to fill the offices of register of wills, recorder of deeds and clerk of the orphans' court, at the expiration of the terms of the persons now or at any time hereafter filling and exercising such offices in such counties, and the persons so elected shall hold such offices for the time and under the terms provided by existing laws therefor. (Act 1911, Sec. 1, P. L. 538.) Election of Recorder of Deeds and Register of Wills in Counties Containing One Hundred and Fifty Thousand Inhabitants. 10. The qualified electors of each county of this Commonwealth, having a population of over one hundred and fifty thousand inhabitants, shall elect one person to fill the office of recorder of deeds and one person to fill the office of register of wills: Provided, That the election for either or both of said officers shall take place in each of said counties at the election preceding the expiration of the term or terms of the present incumbents. (Act 1901, Sec. 1, P. L. 271.) * * * (municipal) Vacancies in Office of Prothonotary, Register of or 16. The office of county controller is hereby established, and the office of county auditor or auditors abolished, in each county of this Commonwealth which shall contain by any Federal census one hundred thousand inhabitants over. At the municipal election in the year one thousand nine hundred and thirteen the qualified electors of each such county, not now having a controller, shall elect one citizen for such county to serve as controller, in place of county auditor or auditors, until the first Monday of January, one thousand nine hundred and sixteen. At the municipal election in the year one thousand nine hundred and fifteen, and quadrennially thereafter, the qualified electors of each county entitled to a controller shall elect one citizen of such county, who shall serve as controller for the term of four years from the first Monday of January thereafter following, or until his successor shall be qualified, if he so long shall behave himself well. (Act 1913, Sec. 1, P. L. 10.) No person holding office under the United States shall be eligible to the office of county controller during his continuance in office as aforesaid, nor until one year thereafter; and the county commissioners, county treasurer, pro(mu-thonotary, register of wills, clerk of the courts, recorder of deeds, sheriff and district attorney and their chief clerks or deputies shall be ineligible, for two years, to the office of county controller, provided the said controller shall always be eligible to re-election or appointment. (Act 1895, Sec. 2, P. L. 404.) 11. Whenever any vacancy occurs in any of the said offices, the qualified electors of the proper county shall, at the next nicipal) election thereafter, elect for the term (four) years, a successor to fill the said vacancy, in the same manner as is hereinbefore provided in other cases. (Act 1839, Sec. 4, P. L. 566.) of *** Who not to be County Treasurer. Eléction of County Controllers in Counties Containing Less Than One Hundred Thousand Inhabitants. 12. No judge, clerk or prothonotary of any court, register of wills, recorder of deeds, county commissioner or county auditor, shall be eligible to election as county treasurer, during their continuance (in) office; nor shall any county commissioner (or county auditor) be eligible until the expiration of one year next after the term for which they shall have been elected; nor shall any county treasurer serve in such office for more than two years in any term of four years. (Act 1841, Sec. 3, P. L. 400.) | tors thereof shall choose a citizen of said coun 17. That upon petition to the court of common pleas of any county of this Commonwealth, of twenty-five per centum of the number of electors who voted at the November election in said county preceding the date of said petition, the said court shall direct that at the next (municipal) election, and (quadrennially) thereafter, in said county, the elec ** * * ty for the office of county controller, in place, period of Sec. 1, P. L. 434.) No person holding office under the United States shall be eligible to the office of county controller during his continuance in office as aforesaid; and the county commissioner, county treasurer, prothonotary, register of wills, clerk of the courts, recorder of deeds, sheriff, and district attorney, and their chief clerks or deputies, shall be ineligible to the office of county controller: Provided, That said controller shall always be eligible to re-election or appointment. (Act 1909, Sec. 2, P. L. 435.) Election, Term of Office and Qualifications of District Attorney. 18. The qualified voters of the city and county of Philadelphia, and of each and every county in the State, shall, at the (mu nicipal) election on the Tuesday next following the first Monday of November in odd-numbered years, and quadrennially thereafter, elect one person, learned in the law, who has been two years admitted to the bar, and who shall have resided in the county for which he is elected for one year next preceding his election, who shall be called the district attorney of said county. (Act 1850, Sec. 1, P. L. 654.) * * * No person shall be eligible to the office of district attorney of any county within this Com monwealth, unless he shall have been admitted to practice, as an attorney, in the courts of some county within this Commonwealth, for at least two years preceding his election. (Act 1883, Sec. 1, P. L. 15.) ** No district attorney shall be eligible to a seat in the Legislature, or to any other office under the laws and Constitution of the State, during his continuance in office. (Act 1850, Sec. 6, P. L. 655.) Filling of Vacancy in Office of District Attorney. 19. All elections of district attorney shall be contested and decided in the same manner as is now provided by law for contesting the election of county officers; and if any vacancy shall occur, either by death, resignation, removal from office or from the county or otherwise, the judges of the court of common pleas shall supply such vacancy by the appointment of a competent person to fill the office until the next (municipal) election: Provided, Such vacancy happens thirty days before if not, then until the next (municipal) election thereafter, and until a successor is duly elected and qualified. (Act 1850, Sec. 3, P. L. 654.) ** The true intent of the act of May 3, 1850, providing for the election of district attorney shall be held to be that any person elected to fill a vacancy in the office of district attorney, shall hold his office for the full term of *** (four) years. (Act 1859, Sec. 1, P. L. 617.) JURY COMMISSIONERS. Qualifications, Number, Election and Term of Jury Commissioners-Each Elector to Vote for but One. * * (four) years ensuing their election; but the same person or persons shall not be eligible for re-election more than once in any period of six years: Provided, That each of said qualified electors shall vote for one person only as jury commissioner; and the two persons having the greatest number of votes for jury commissioner, shall be duly elected jury commissioners for such county. (Act 1867, Sec. 1, P. L. 62.) Filling of Vacancy in Office of Jury CommisFioners. 21. In case of the inability of either or all of the said jury commissioners, by sickness, death or other unavoidable cause, to discharge the duties of said office, or in case of neglect of the president judge in such county wherein or refusal to serve thereon, it shall be the duty said vacancy may have occurred, to appoint a suitable person or persons, as the case may be, possessing the qualifications aforesaid, to perform the duties of said office during such vacancy; and such person or persons, after having complied with the requirements of the third section of this act, shall proceed to discharge the duties of said office during the remainder of the term so vacated: Provided, That the provisions of this act shall not apply to the city of Philadelphia. (Act 1867, Sec. 7, P. L. 63.) CHAPTER XLVIII. ELECTION OF MAGISTRATES, ALDERMEN, JUSTICES OF THE PEACE AND CONSTABLES. MAGISTRATES. Magistrates to be Elected in Philadelphia in Lieu of Aldermen-Election and Commencement of Term. 1. In Philadelphia there shall be established, for each thirty thousand inhabitants, one court, not of record, of police and civil causes, with jurisdiction not exceeding one hundred dollars; such courts shall be held by magistrates whose term of office shall be six years, and they shall be elected on general ticket at the municipal election, by the qualified voters at large; and in the election of the said magistrates no voter shall vote for more than two-thirds of the num ber of persons to be elected when more than one are to be chosen they shall be compensated only by fixed salaries, to be paid by said county; and shall exercise such jurisdiction, civil and criminal, except as herein provided, as is now exercised by aldermen, subject to such changes, not involving an increase of civil jurisdiction or conferring political duties, as may be made by law. In Philadelphia the office of alderman is abolished. (Art, 5, Sec. 12, Constitution.) *** The terms of all public officers elected in odd-numbered years shall hereafter begin on the first Monday of January succeeding their election. (Act 1911, Sec. 5, P. L. 9.) * *** as Election and Qualification of Magistrates. 2. The qualified electors of said city at large shall, on the (Tuesday next following the first Monday of November in oddnumbered years), elect on general ticket many magistrates as there are courts in sald city, and no more, who shall hold their offices for the term of (six) years from the first Monday of *** (January) next succeeding their election, if they shall so long behave themselves well; and in the election of said magistrates no voter shall vote for more than two-thirds of the number of persons to be * * elected, when more than (one) are to be chosen; thereafter, the election of magistrates shall take place at the time fixed for the election of municipal officers in said city, immediately preceding the expiration of the term of any magistrate. The said magistrates shall be at least twenty-five years of age, and shall have resided for at least one year immediately pre ceding their election in the city of Philadelphia, and shall be qualified voters thereof. No magistrate shall practice as an attorney-at-law in any court in this Commonwealth, or elsewhere, during his term of office. (Act 1875, Sec. 4, P. L. 57.) Filling Vacancies in Office of Magistrates. 3. Should any vacancy happen in the office of magistrate, either by death, resignation, disqualification, removal or otherwise, said vacancy shall be filled for the full term of * * (six) years, in the manner hereinbefore set forth, at the next succeeding municipal election held in said city after said vacancy shall happen; and it shall be the duty of the Governor in the meantime to appoint and commission a suitable person to fill said vacancy until the first Monday of ** (January) next succeeding the first municipal election after said vacancy shall happen: Provided, however, That if said vacancy shall happen within twenty days before any municipal election, said vacancy shall not be filled until the second succeeding municipal election thereafter; and the Governor shall appoint and commission a suitable person to fill said vacancy until the first Monday of (January) after said second municipal (Act 1875, Sec. 9, P. L. 59.) * election. Monday of * * * (January) following, and also of any vacancy that may happen by death, resignation or otherwise. (Act 1877, Sec. 2, P. L. 12.) Filling Vacancies in Office of Aldermen. 8. If any vacancy shall take place, after election, by reason of the any ward or from erection of any new ward the neglect or refusal of any person elected to accept a commission, within sixty days after the date thereof, or by death, resignation or otherwise, such vacancy shall be filled by appointment by the Governor, until the first Mon(January) succeeding the next (municipal) *** election. (Act 1877, day of *** * * * * *ward Sec. 3, P. L. 12.) for one year next preceding his election. In cities containing over fifty thousand inhabitants, not more than one alderman shall be elected in each ward or district. (Art. 5, Sec. 11, Constitution.) * The terms of all public officers elected in odd-numbered years shall hereafter begin on the first Monday of January succeeding their election. (Act 1911, Sec. 5, P. L. 9.) ** Election of Aldermen in Cities of the Third 5. Each of the wards of each of the said cities (of the third class) shall be entitled to elect one alderman, who shall have all the powers and jurisdiction of a justice of the peace, and said alderman shall be elected at the municipal election next preceding the expiration of the commission of the justice of the peace, resident in the district out of which the said ward shall be created.*** (Act 1874, Sec. 32, P. L. 248.) Certificates of Election Commission-Oath-Filing of Acceptance. 6. Every person hereafter elected to the office of *** alderman shall, within thirty days after the election, if he intends to accept said office, give notice thereof in writing to the prothonotary of the court of common pleas of the proper county, who shall immediately certify his election and such acceptance of the office to the Secretary of the Commonwealth, under his hand and seal of office, together with the name of the township, borough, city, or ward for It has been judicially declared that the word "vacancy" aptly and fitly describes the condition of an office when it is first created and has been filled by no incumbent. Com. v. Walsh, 89 Pa. 419, recognized in Stevens' Election, 94 Pa. 283. And the Governor's power to appoint conferred by the Acts of 1874, P. L. 118, and of 1877, P. L. 12, immediately attaches to such vacancy. JUSTICES OF THE PEACE. Number of Justices of the Peace to be Elected in Townships and Undivided Boroughs. |