Pennsylvania Act 1941-106 — 1874 ACT 120, P.L. 186 - RELATING TO - DEFINING "WAR"

Act text

AN ACT

To amend section one of the act, approved the fifteenth day of May, one thousand eight hundred and seventy-four (Pamphlet Laws, one hundred eighty-six), entitled, "An act declaring what offices are incompatible", by specifically exempting persons serving in the armed forces of the United States during any war or state of emergency.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Be it enacted, &c., That every person who shall hold any office, or appointment of profit or trust, under the government of the United States, whether an officer, a subordinate officer or agent, who is or shall be employed under the legislative, executive or judiciary departments of the United States, and also every member of congress, is hereby declared to be incapable of holding or exercising, at the same time, the office or appointment of justice of the peace, notary public, mayor, recorder, burgess or alderman of any city, corporate town or borough, resident physician of the lazaretto, constable, judge, inspector or clerk of election under this commonwealth: Provided, however, That the provisions hereof shall not apply to any person who shall enlist, enroll or be called or drafted into the active military or naval service of the United States or any branch or unit thereof during any war or emergency as hereinafter defined.

(1 amended July 2, 1941, P.L.231, No.106)

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 2. As used in this act the term "war" shall mean the period between the opening and ending of hostilities and shall not include the period after the ending of hostilities, notwithstanding the fact that no treaty of peace has been negotiated or concluded, and the term "emergency" shall mean the period between a declaration that a state of emergency exists and a declaration that the state of emergency has been terminated.

(2 amended July 2, 1941, P.L.231, No.106)

Section 3. The provisions of this act shall become effective immediately upon final enactment.