APPELLATE COURT JURISDICTION ACT OF 1970 - REPEALED — 1970 Pa. Act 223 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 1934, 3015
Printer's No. 3335
THE GF:!\F:IL\L ASSEMBLY OF PE:\NSYLVANIA
HOUSE
No. 1562
BILL
Session of
1969
INTRODUCED BY MESSRS. STONE AND HEPFORD, JOLY 24, 1969
SENATOR BELL, JUDICIARY, IN SENATE, AS AMENDED, JOLY B, 1970
AN ACT
1 Relating t-0 the jurisdiction and powers of the Supreme, Superior
2 and Commonwealth courts.
3 ARTICLE I
4 Short Title and Definitions
5 Section 101. Short Title
6 Section 102. Definitions
7 ARTICLE II
8
Jurisdiction of Supreme court
9 Section 201. Original Jurisdiction
10 Section 202. Direct Appeals from Courts of Common Pleas
11 Section 203. Appeals from the Commonwealth Court
12 Section 204. Discretionary Allowance of Appeals
13 Section 205. Extraordinary Jurisdiction
111
ARTICLE III
15
Jurisdiction of superior Court
16 Section 301. original Jur~sdiction
17 Section 302. Appeals from Courts of Common Pleas
18
ARTICLE IV

1
Jurisdiction of Commonwealth Court
2 section qo1. Original Jurisdiction
3 Section qo2. Appeals from courts of Common Pleas
q Section qo3. Direct Appeals from Administrative Agencies
5 ARTICLE V
6 General Provisions
7 Section 501. Interlocutory Orders
8 Section 502. Time for Appeal; Procedure
9 Section 503. Waiver of Objections to Jurisdiction;
10
Transfer of cases
Section
5oq.
11 Disposition of Appeals
Section 505. 12 Reassignment of Classes of Actions or Appeals
Section
506. 13 Supersedeas
Section 507. 1q Pending Actions and Proceedings
Section 508. 15 Transfer of Jurisdiction and Partial Repealer
Section 509.
16 Repeals and Savings Provisions
Section 510. 17 Effective Date
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 ARTICLE I
21
Short Title and Definitions
22 Section 101. Short Title.--This act shall be known, and may
23 be cited as, the "Appellate Court Jurisdiction Act of 1970.
11
2q Section 102. Definitions.--(a) The following words and
25 terms shall have the followinq meanings, unless the context
26 clearly indicates otherwise:
27 (1) "Appellate court" includes the supreme Court, the
28 Superior Court and the Commonwealth Court.
29 (2) "Commonwealth'' includes departments, departmental
30 administrative boards and commissions, officers, independent
-2 -

1 boards or commissions, authorities and other agencies of this
2 Commonwealth, but shall not include any political subdivi~ion,
3 municipal or other local authority, or any officer or agency of
4 any such political subdivision, municipal or local a'uthority.
5
(3)
''Commonwealth Court•• means the court existing under
6 section 4 of Article V of the Constitution of Pennsylvania as
7 implemented by the act of January 6, 1970 (Act No. 185), known
8 as ''The Commonwealth Court Act."
9 (4) "General rule" means a rule or order promulgated by or
10 pursuant to the authority of the Supreme court.
11
12
(5)
(6)
"Matter'' means action, proceeding or appeal.
"Order" includes judgment, decision, decree, sentence
13 and adjudication.
(7) "Orphans• court division" means the orphans' court
15 division of any court of common pleas having an orphans• court
16 division under the third sentence of section 4, Schedule to
17 Article V of the Constitution of Pennsylvania, adopted April 23,
18 1968, or otherwise, and in the case of any court of common pleas
19 which does not have such a division, the court of common pleas
20 when exercising the powers and performing the duties vested in
21 and imposed upon the court by the Orphans• Court Act of 1951 as
. . ~ .
22 amended or supplemented.
23 (8) ''Rule of court" means a rule promulgated by the Supreme
24 Court, the Superior Court or the Commonwealth Court regulating
25 practice and procedure before the promulgating court.
26 (9) ••superior Court" means the court existing under section
27 3 of Article V of the Constitution of Pennsylvania.
28 (10) "Supreme Court" means the court existing under section
29 2 of Article V of the Constitution of Pennsylvania.
30 (b) Whenever in this act reference is made to any act by
-3 -

1 title, such reference shall be construed to apply to and include
2 all subsequent amendments thereto and any codification, and all
3 amendments thereto, wherein the provisions of the act referred
4 to are substantially reenacted.
5 ARTICLE II
6 Jurisdiction of Supreme Court
7 Section 201. Original Jurisdiction.--The Supreme Court shall
8 have original but not exclusive jurisdiction of:
9 (1) All cases of habeas cor~us;
10 (2) All cases of mandamus or prohibition to courts of
11 inferior jurisdiction;
12 (3) All cases of quo warranto as to any officer of statewide
13 iurisdiction.
14 section 202. Direct Appeals from courts of Common
15 Pleas.--The Supreme court shall have exclusive jurisdiction of
16 appeals from final orders of the courts of common pleas in any
17 of the following classes of cases:
18 (1) Felonious homicide;
19 (2) The right to public office;
20 (3) Matters decided in the orphans' court division;
21 (4) Actions or proceedings in equity, except such classes of
22 appeals as are by clauses (1), (4) or (6) of section 402 of
23 this act or by any other act of Assembly hereafter enacted
24 within the appellate jurisdiction of the Commonwealth Court;
25 (5) Direct criminal contempt in the courts of common pleas
26 and other contempt proceedings in the courts of common pleas
27 relating to orders which are appealable directly to the Supreme
28 court;
29 (6) suspension or disbarment from the practice of law and
30 other disciplinary orders or sanctions relating thereto;
-4 -

1 (7) Supersession of a district attorney by an Attorney
2 General or by a court;
3
(8) Matters where the right or poweE of the Commonwealth or
4 any political subdivision to create or issue indebtedness is
5 drawn in direct question;
6
(9) Matters where the court of common pleas has held invalid
7 as repugnant to the Constitution, treaties or laws of the United
8 States, or to the constitution of this Commonwealth, any treaty
9 or law of the United States or any provision of the Constitution
10 of, or of any act of Assembly of, this Commonwealth, or any
11 provision of any home rule charter.
12 Section 203. Appeals from the Commonwealth Court.--The
13 Supreme Court shall have exclusive jurisdiction of appeals from
14 all final orders of the Commonwealth Court entered in any matter
15 which was originally commenced in said court and which does not
16 constitute an appeal from another court, an administrative
17 agency or a justice of the peace. Any final order of the
18 commonwealth Court entered in any appeal from a decision of the
19 Board of Finance and Revenue shall be appealable to the Supreme
20 Court, as of right, under this section.
21 Section 204. Discretionary Allowance of Appeals.--(a) Final
22 orders of the Superior Court and final orders of the
23 Commonwealth Court not appealable under section 203 of this act
24 may be reviewed by the Supreme Court upon allowance of appeal by
25 any two justices of the supreme Court upon petition of any party
26 to the matter. If the petition shall be granted, the Supreme
27 Court shall have jurisdiction to review the order in the same
28 manner as orders have been reviewable heretofore on appeal
29· pursuant to acts of the General Assembly, and the scope of
30 review of the order shall not be limited as on broad or narrow
-5 -

1 certiorari.
2 (b) If an appeal is improvidently taken to the Supreme Court
3 under section 203 of this act in a case where the proper mode of
4 review is by petition for allowance of appeal under this
5 section, this alone shall not be a ground for dismissal, but the
6 papers whereon the appeal was taken shall be regarded and acted
7 on as a petition for allowance of appeal and as if duly filed at
8 the time the appeal was taken.
9 Section 205. Extraordinary Jurisdiction.--Notwithstanding
10 any other provision of law, the Supreme court may, on its own
11 motion or upon petition of any party, in any matter pending
12 before any court or iustice of the peace of this Commonwealth
13 involving an issue of immediate public importance, assume
14 plenary jurisdiction of such matter at any stage thereof and
15 enter a final order or otherwise cause right and justice to be
16 done.
17 ARTICLE III
18 Jurisdiction of Superior Court
19 Section 301. Original Jurisdiction.--The Superior Court
20 shall have no original jurisdiction, except in actions of
21 mandamus and prohibition to courts of inferior jurisdiction
22 where such actions are ancillary to matters within its appellate
23 jurisdiction, and except that it, or any judge thereof, shall
24 have full power and authority when and as often as there may be
25 occasion, to issue writs of habeas corpus under like conditions
26 returnable to the said court.
27 Section 302. Appeals from Courts of Common Pleas.--The
28 Superior court shall have exclusive appellate jurisdiction of
29 all· appeals from final orders of the courts of common pleas,
30 regardless of the nature of the controversy or the amount
-6 -

1 involved, except such classes of appeals as are by any section
2 of this act within the exclusive jurisdiction of the Supreme
3 court or the Commonwealth Court.
4 ARTICLE IV
5 Jurisdiction of Commonwealth Court
6 Section 401. Original Jurisdiction.--(a) The Commonwealth
7 Court shall have original jurisdiction of:
8 (1) All civil actions or proceedings against the
9
10
11
12
13
14
15
16
17
18
19
20
Commonwealth or any officer thereof, acting in his official
capacity, except (i) actions or proceedings in the nature of
applications for a writ of habeas corpus or post~conviction
relief not ancillary to proceedings within the appellate
iurisdiction of the court, and (ii) proceedings under the
Eminent Domain Code;
' (2)
All civil actions or proceedings by the Commonwealth or
any officer thereof, acting in his official capacity, except
proceedings under the Eminent Domain Code;
(3) All civil actions or .p\:-oceedings original jurisidiction
of which is vested in the Commonwealth Court by section 508 of
this act or by any act of the General Assembly hereafter
21 enacted.
22 (b) The jurisdiction of the Commonwealth Court under this
23 section shall be exclusive except as provided in section 201 of
24 this act and except with respect to actions or proceedings by
25 the Commonwealth or any officer thereof, acting in his official
26 capacity, where the jurisdiction of the court shall be
27 concurrent with the several courts of common pleas.
28 (c) The provisions of clause (1)-of subsection (a) of this
29 section relating to actions or proceedings against the
30 Commonwealth shall not be construed as a waiver by the
-7 -

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Commonwealth of immunity to suit.
Section 402. Appeals from Courts of Common Pleas.--The
Commonwealth Court shall have exclusive jurisdict~on of appeals
from final orders of the courts of common pleas in any 'of the
following cases, except such classes of appeals as are by
section 202 of this act within the exclusive jurisdiction of the
Supreme Court:
(1) All civil actions or proceedings to which the
Commonwealth or any officer thereof, acting in his official
capacity, is a party, except actions or proceedings in the
nature of applications for a writ of habeas corpus or
post-conviction relief not ancillary to proceedings within the
appellate jurisdiction of the court;
(2) All criminal actions or proceedings for the violation of
any rule, regulation or order of any administrative agency of
the Commonwealth;
(3) All appeals from administrative agencies of the
Commonwealth authorized by act of the General Assembly to be
determined initially in the courts of common pleas;
(4) All actions or proceedings arising under any county,
institution district, city, borough, incorporated town,
township, public-school, planning or zoning code or under which
a municipality or other political subdivision or municipality
authority may be formed or incorporated or where is drawn in
question the application, interpretation or enforcement of (i)
any act of the General Assembly regulating the affairs of
political subdivisions, municipality and other local authorities
or other public corporations or of the officers, employes or
agents thereof, acting in their official capacity, or (ii) any
home rule charter or local ordinance or resolution;
-8 -

1 (5)
All appeals from local administrative agencies under the
2 Local Agency Law or otherwise.
3 (6) All proceedings arising under the Eminent Domain Code or
4 where there is drawn in question the power or right of a
5
condemner to appropriate the condemned property.
6 Section 403. Direct Appeals from Administrative
7 Agencies.--The Commonwealth court shall have exclusive
8 jurisdiction of appeals from final orders of administrative
9 agencies in any of the following cases:
10 (1) All appeals from administrative agencies of the
11 Commonwealth under the Administrative Agency Law or otherwise
12 and including appeals from the Pennsylvania Public Utility
13 Commission, the Unemployment Compensation Board of Review and
14 from any department, departmental administr~tive board or
15 commission, independent board or commission or other agency or
16 administrative officer of this Commonwealth having statewide
17 iurisdiction except:
18 (i) matters relating to the privilege of operating motor
19 vehicles or tractors, including the revocation or suspension of
20 such privilege and matters relating thereto; and
21
(ii) matters authorized by the Liquor code to be deteEmined
22 initially in APPEALED TO the courts of common pleas; and
23 (iii) matters authorized by The Pennsylvania Workmen's
24 Compensation Act or The Pennsylvania Occupational Disease Act to
25 be deteEmined initially i~ APPEALED TO the courts of common
26 pleas.
27 (2) All appeals jurisdiction of which is vested in the
28 commonwealth Court by section 508 of this act or by any act of
29 Assembly hereafter enacted.
30 ARTICLE V
- 9 -
<--
<--
<--

1
2
3
4
5
6
7
8
9
1 0
1 1
12
13
14
15
16
17
18
General Provisions
Section 501. Interlocutory Orders.--(a)
Appeals Authorized
by Law.--An appeal authorized by law fr~m an interlocutory order
in a matter shall be taken to the appellate court having
jurisdiction of final orders in such matter.
(b) Discretionary Allowance of Appeals.--When a court or
administrative agency, in making an interlocutory order in a
matter in which its final order would be within the jurisdiction
of an appellate court, shall be of the opinion that such order
involves a controlling question of law as to which there is
substantial ground for difference of opinion and that an
immediate appeal from the order may materially advance the
ultimate termination of the matter, it shall so state in such
order. The appellate court may thereupon, in its discretion,
permit an appeal to be taken from such order. A petition for an
allowance of an appeal under this subsection shall not stay the
proceedings before the lower court or administrative agency,
unless the lower court or agency or the appellate court or a
19 iudge thereof shall so order.
20 Section 502. Time for Appeal; Procedure.--(a) Generally.--
21 Except as otherwise provided in this section an appeal UNDER <--
22 THIS ACT from any order shall be filed within thirty days of its
23 entry.
24 (b)
Election Cases.~-The time for appeal from an order in
25 any matter arising under the Pennsylvania Election Code, as
26 amended or supplemented, shall, if that code provides for a
27 lesser time for appeal, be governed by the appropriate provision
28 of that code.
29 (c) Interlocutory Appeals.--A petition for allowance of
30 appeal from an interlocutory order shall be filed within twenty
-10 -

1 days of its entry.
2 (d) Questions of Jurisdiction.--An appeal from an
3 int~rlocutory order raising a question of jurisdiction under
4 section 3, act of March 5, 1925 (P. L. 23), entitled "An act in
5 relation to the procedure in certain classes of cases in which
6 there is raised a question as to the jurisdiction of a court of
7 first instance over the defendant or the cause of action for
8 which suit is brought; and authorizing appeals' from the
9 preliminary decision of such questions," shall be filed within
10 twenty days of its entry.
11 (e) Place and Form of Filing.--Appeals and petitions for
12 allowance of appeal shall be filed in such office and in such
13 form as may be prescribed by general rule or rule of court.
14 section 503. Waiver of Objections to Jurisdiction; Transfer
15 of Cases.--(a) The failure of an appellee to file an objection
16 to the jurisdiction of an appellate court on or prior to the
17 hearing of the appeal, or within such earlier time as may be
18 specified by general rule or rule of court, shall, unless the
19 appellate court shall otherwise order, operate to perfect the
20 appellate jurisdiction of such appellate court, notwithstanding
21 any provision of this act, or of any general rule adopted
22 pursuant to section 505 of this act, vesting jurisdiction of
23 such appeal in another appellate court.
24 (b) If an appeal or other matter is erroneously taken to or
25 brought in a court which does not have jurisdiction of the
26 appeal or other matter, the court shall not quash such appeal or
27 dismiss the matter, but shall transfer the record thereof, at
28 the cost of the appellant, petitioner or· plaintiff, to the
29 proper court of this Commonwealth, where the appeal or other
30 matter shall be treated as if originally filed in that court on
11 -

1 the date erroneously filed in the other court.
2 (c) The Superior Court and the Commonwealth Court shall have
3 power pursuant to general rules, on their own motion or upon
4 petition of any party, to transfer any appeal to the other court
5 for consideration and decision with any matter pending in such
6 other court involving the same or related questions of fact, law
7 or discretion.
8 section 504. Disposition of Appeals.--An appellate court may
9
affirm, modify, vacate, set aside or reverse any order brought
10 before it for review, and may remand the matter and direct the
11 entry of such appropriate order, or require such further
12 proceedings to be had as may be just under the circumstances.
13 Section 505. Reassignment of Classes of Actions or
14 Appeals.--The Supreme Court may by general rule provide for the
15 assignment and reassignment of classes of actions or classes of
16 appeals among the several courts of this Commonwealth as the
17 needs of justice shall require and Articles II, III and IV of
18 this act and the provisions of all other acts of Assembly shall
19 be suspended to the extent that they are inconsistent with such
20 general rules. such rules shall net take ~~~ntil, they ha'l'e <--
21 ~B BE reported to the General Assembly by the Chief Justice at <--
22 ?r after the beginning of a regular session thereof but not
23 later than the first day of May. a-n4-u..-t~l SUCH RULES SHALL TAKE <--
24 EFFECT UPON the expiration of ninety days after they have been
25 thus reported UNLESS THE GENERAL ASSEMBLY, BY THE ADOPTION OF A <--
26 CONCURRENT RESOLUTION, SIGNIFIES ITS LEGISLATIVE INTENT TO THE
27 CONTRARY.
28 Section 506. Supersedeas.--(a) Criminal Matters.-~An appeal
29 to an appellate court in a criminal matter shall not operate as
30 a supersedeas unless it has been specially allowed by the lower
-12 -
I

1 court or by the appellate court or a judge thereof, who shall
2 have power to admit to bail and to make an order· of supersedeas
'
3 or any other order which justice may require.
q (b) .Civil Matters.--An appeal to an appellate· court in a
5
civil matter shall operate as a supersedeas as now or hereafter
6 provided by act of the General Assembly or general rule.
7 Section 507. Pending Actions and Proceedings.--(a) Except
8 as otherwise provided in this section, no appeal or other matter
9 pending in any court on the effective date of this act shall be
10 affected by this act, and all such matters shall proceed to a
11
final determination in such court, which court shall have
12 continuing jurisdiction over such matter, including jurisdiction
13 on remand following any appellate review of any order entered in
1Q such matter, whether such appellate review was had before or
15 after the effective date of this act.
16
(b) A court vested with continuing jurisdiction over a
17 pending matter under subsection (a) of this section may at any
18 time, with the consent of the transferee court, transfer
19 ;urisdiction of such matter to the court which would have been
20 vested with jurisdiction of such matter if the action or
21 proceeding had been commenced in or the appeal had been taken to
22 such transferee court after ~he effective date of this act. such
23 transfers shall be effected with due regard for the interests of
2Q justice and the convenience of the parties. In every such case
25 the prothonotary or clerk of the transferor court shall transfer
26 to the custody of the prothonotary or clerk of the transferee
27 court all dockets, records, pleadings and other papers, or
28 certified copies thereof, relating to the matter so transferred.
29 Section 508. Transfer of Jurisdiction and Partial
30 Repealer.--(a) The jurisdiction of the courts named in the acts
-13 -

1
2
3
4
5
6
7
8
9
10
11
12
1 3
1 4
15
16
17
18
19
and parts of acts specified hereinafter in this subsection is
transferred to and vested in the Commonwealth Court and such
acts and parts of acts are hereby re~ealed in so far as
inconsistent with such transfer:
(1) Section 12, act of April 16, 1845 (P. L. 532), entitled
''An act to increase the revenues and diminish the legislative
expenses of the commonwealth."
(2) section 3, act of April 21, 1857 (P. L. 266), entitled
''An act relating to the Office and Duties of Attorney General.''
(3) Section 1, act of April 19, 1858 (P. L. 333), entitled
''An act relative to Moneys due to the Commonwealth of
Pennsylvania."
(4) Section 1, act of April 7, 1862 (P. L. 304), entitled
"An act for the more efficient collection of Debts due the
Commonwealth."
(5) Section 1, act of April 7, 1870 (P. L. 57), entitled "An
act to enlarge the jurisdiction of the court of common pleas for
the county of Dauphin, in cases wherein the commonwealth may be
plaintiff, and to provide for the issuing of writs of foreign
20 attachment in such cases.''
21 (6) Act of May 2, 1889 (P. L. 66), entitled "An act defining
22 and regulating escheats in cases where property is without a
23
lawful owner, and providing for more convenient proceedings
24 relative to the same,
11
in so far as such act relates to the
25 Court of Common Pleas of Dauphin County.
26 (7) Section 3, act of May 24, 1893 (P. L. 125), entitled "An
27 act providing for monthly returns and payments by county and
28 city officers and prothonotaries of the supreme Court of moneys
29 received by them for the use of the Commonwealth."
30
(8)
section 1, act of June 8, 1893 (P. L. 345), entitled "An
-14 -

1
2
3
LI
5
6
7
8
9
10
11
12
13
1 LI
15
16
17
18
19
20
21
22
23
2LI
25
26
27
28
29
30
act relating to Mandamus,'' in so far as such provision relates
to the courts of common pleas of the county in which the seat of
government is or may be located.
(9) Section 2, act of April 17, 1905 (P. L. 192), entitled
"An act authorizing the Commonwealth of Pennsylvania to rebuild
uncompleted county bridges over any river not less than one
thousand feet in width, whenever the portions of said bridges
already erected have been destroyed by floods before the final
completion thereof, and where it appears that over fifty per
centum of the contract price had already been expended before
such destruction."
(10) section 7A, act of May 13, 1909 (P. L. 520), entitled
"An act relating to food; defining food; providing for the
protection of the public health, and the prevention of fraud and
deception, by prohibiting the manufacture or sale, the offering
for sale or exposing for sale, or the having in possession with
intent to sell, of adulterated, misbranded, or deleterious
foods; prescribing certain duties of the Dairy and Food
Commissioner in reference thereto; and providing penalties for
the violation thereof."
(11) Subsection (b) of section LI, act of April 6, 1911 (P.
L. 51), entitled "An act providing for the protection of thEI
public health and the prevention of fraud and deception, by
prohibiting the sale, the offering for sale, or exposing for
sale, or the having in possession with intent to sell, of
adulterated or deleteriou~ sausage; defining sausage; and
prescribing the penalty for the violation thereof."
(12) section 1, act of May 5, 1911 (P. L. 177), entitled "An
act authorizing the Commonwealth of Pennsylvania to build
bridges over any river, not more than one thousand feet and not
-15 -

1 less than five hundred feet in width, at localities not less
2 than ten miles distant from the nearest public bridge over the
3 same river, in counties whose indebtedness, increased by the
4 cost of such proposed bridge, would exceed the constitutional
5 limitation of two per centum of their assessed valuation."
6
( 13)
section 2, act of July 25, 1913 (P. L. 1043), entitled
7 ''An act to provide for the registration and enrollment of the
8 voters of the state according to their respect'ive party
9 preferences; fixing the compensation of assessors and registry
10 assessors for making said registration and enrollment: and
11 prescribing penalties for false registration or enrollment, and
12 for voters voting or attempting to vote, and for election
13 officers wilfully permitting or conspiring to permit them to
14 vote, at a primary, by or on any other than their own party
15 ticket."
16 ( 14)
Section 7.1, act of May 13, 1915 (P. L. 286), known as
17 the ''Child Labor· Law.
11
18
19
20
21
22
23
24
25
26
27
28
29
30
(15)
Section 305, act of June 2, 1915 (P. L. 736), known as
11
The Pennsylvania Workmen's Compensation Act,
11
in so far as such
provision relates to the Court of Common Pleas of Dauphin
County.
(16) Section 21, act of June 2, 1915 (P. L. 762), entitled
"An act providing for the creation and administration of a State
Fund for the insurance of compensation for injuries to employes
of subscribers thereto; declaring false oaths by the subscribers
to be misdemeanors: and providing penalties for the violation
thereof," in so far as such provision relates to the Court of
Common Pleas of Dauphin County.
· (17) Section 1006, act of June 3, 1915 (P. L. 797), entitled
"An act to establish a Bureau of Forest Protection within the
-16 -

1 Department of Forestry; designating the officers who shall
2 constitute the Bureau, their duties and salaries; prescribing
3 penalties for the violation thereof; and repealing all laws,
q general, special, or local, or any parts thereof, that may be
5 inconsistent with or supplied by this act."
6 (18) Section 8, act of June 7, 1915 (P. L. 878), entitled,
7 as amended, "An act providing for the escheat of certain
8 property received for storage or safe-keeping or otherwise and
9 of certain deposits of money; also for the escheat of certain
10 dividends, profits, debts, and interest on debts of
11 corporations,· companies, banks, national banks, trust companies,
12 insurance companies, limited partnerships, and partnership
13 associations, doing business in this Commonwealth, except
1q building and loan associations; also for the escheat of certain
15 moneys, property, and estates held by persons, partnerships,
16 associations, or corporations in any fiduciary capacity
17 whatsoever; and the profits, accretions, and interest on such
18 moneys, property, and estates, as well as the interest thereon
19 accrued between the date of the decree of any court ordering the
20 distribution of such moneys, property, and estates, and the
21 actual distribution thereof; also for the escheat of certain
22 moneys paid into or deposited in any court of this commonwealth,
23 or in any Federal court in and for any district within the
2q commonwealth, or in the custody of any officer of such court;
25 and for the escheat of certain other moneys, property, and
26 estates held in any manner by any person, association, or body
27 corporate for the benefit of another."
28 (19) Clauses (a) and {f) of section 1, act of June 17, 1915
29 (P. L. 1012), entitled, a~ amended, "An act regulating the
30 business of loaning money in sums of six hundred ($600) dollars
-17 -

1 or less, either with or without security, to individuals pressed
2 by lack of funds to meet immediate necessities; fixing the rates
'
3 of interest and charges therefor; requiring the licensing of
4 lenders; and prescribing penalties for the violation of •this
5 act,'' in so far as such provisions relate to the Court of Common
6 Pleas of Dauphin County.
7 (20)
Sections 4 and 5, act of May 8, 1919 (P. L. 148),
8 entitled "An act providing for the joint acquisition and
9 maintenance by the Commonwealth of Pennsylvania and the State of
10 New Jersey of certain toll-bridges over the Delaware River."
11 (21)
Section 4, act of May 16, 1919 (P. L. 169), entitled
12 "An act providing for the payment into the State Treasury of
13 unclaimed funds in the hands of fiduciaries; defining the term
14 fiduciary; providing for the refunding of such funds from the
15 State Treasury with interest to persons entitled thereto, and
16 making an appropriation therefor; prohibiting the discharge of
17 such fiduciaries, the release of their sureties, or the final
18 distribution of funds in their possession, until after
19 compliance with the provisions of this act; and imposing
20 penalties."
21 (22) Act of May 16, 1919 (P. L. 196), entitled "An act
22 authorizing the Commonwealth to re'liuild county bridges, over
23 eight hundred feet in length, located on State highways, where
24 such bridges have been heretofore destroyed by fire; providing
25 for the appointment of viewers and inspectors, and for the
26 payment of the costs of rebuilding such bridges; and imposing
27 certain charges upon counties," in so far as such act relates to
28 the Court of Common Pleas of Dauphin County.
29 (23) Section 1, act of July 18, 1919 (P. L. 1056a), entitled
30 ''An act providing for the refunding of moneys paid into the
-18 -

1 State Treasury through mistake or error, or to which moneys,
2 after such payment thereof, it sufficiently appears that the
3 commonwealth has no lawful claim; and making an appropriation
4 for such refunds."
5 (24) Sections 6 and 7, act of April 25, 1921 (P. L. 276),
6 ent~tled, as amended, "An act requiring persons, partnerships, .•
7 associations, or corporations advertising for or soliciting
8 business as adjusters of claims within this Commonwealth for
9 loss or damage arising out of policies of insurance, surety, or
10 indemnity on property, persons, or insurable business interests
11 within this Commonwealth, to be licensed by the Insurance
12 Commissioner; requiring persons, partnerships, associations, or
13 corporations acting as solicitors for said adjusters to be
14 licensed by the Insurance Commissioner; regulating the issuance
15 and revocation of such licenses; prescribing certain conditions
16 for the transaction of such business; providing for the filing
17 of bonds by public adjusters and public adjuster solicitors, and
18 for recovery thereon by parties in interest; and providing
19 penalties."
20 (25) Section 9, act of May 5, 1921 (P. L. 374), entitled "An
21
act providing for the licensing and regulation of corporations,
22 copartnerships, associations, and individuals, engaged in the
23 business of receiving payments or contributions to be held or
24 used in any plan of accumulation or investment, or of issuing,
25 negotiating, offering for sale, or selling any certificates,
26 securities, contracts, or other choses in actions evidenced by
27 writing on the partial payment or instalment plan, or of
28 assuming fixed obligations, or issuing, in connection therewith,
29 a contract based upon payments being made upon instalments or
30 single payments, under which all or part of the total amount
-19

1 received is to be repaid at some future time, with or without
2 profit; and imposing penalties."
3 (26) Sections 337.3, 337.6, 350, 353, 354, 414, 504, 507,
4 616, 628, 654, 661 and 749, act of !lay 17, 1921 (P. L. 682),
5 known as "The Insurance company Law of 1921," in so far a~ such
6 provisions relate to the court of Common Pleas of Dauphin
7 County.
8 (27) Sections 502, 503, 510, 603, 622, 639 and 653, act of
9 !lay 17, 1921 (P. L. 789), known 'as "The Insurance Department Act
10 of one thousand nine hundred and twenty-one," in so far as such
11 provisions relate to the Court of Common Pleas of Dauphin
12 county.
13 (28) Sections 1207 and 1810, act of April 9, 1929 (P. L.
14 177), known as "The Administrative Code of 1929."
15 (29) Sections 504, 1004, 1104, 1302, 1711 and 1712, act of
16 April 9, 1929 (P. L. 343), known as ''The Fiscal Code,
11
in so far
17 as such provis~ons relate to the Court of Common Pleas of
18 Dauphin County.
19 (30) Section 2, act of April 30, 1929 (P. L. 897), entitled
20 "An act regulating the manufacturing, bottling, and selling of
21 certain waters, and requiring permits therefor; prescribing the
22 authority of the Department of Health and of local boards of
23 health and health officers with respect thereto; and providing
24 penalties."
25 (31) Section 10, act of !lay 1, 1929 (P. L. 1216), known as
26 the "Real Estate Brokers License Act of one thousand nine
27 hundred and twenty-nine," in so far as such provision relates to
28 the Court of Common Pleas of Dauphin County.
29 (32) section 6, act of May 8, 1929 (P. L. 1664), entitled
30 "An act providing for the propounding and prosecution of a
-
20 -

1 claim, by and in the name of the State of Pennsylvania, against
2 the qovernment of the United States of America, for the
3 recovery, under the present laws of the United States, or such
4 as may be hereafter enacted, from said government of all moneys
5 heretofore paid illegally into the Federal treasury as a direct
6 tax upon property situated in the State of Pennsylvania;
7 providing for the recovery of the same; authorizing the Governor
'
8 of the State to employ counsel, and enter into the necessary
9 contracts and agreements for the carrying out of the object of
10 this act; providing for notice to and procedure by claimants of
11 such moneys, and fixing a prescription period after which such
12 moneys shall escheat to and become the absolute property of the
13 State of Pennsylvania."
14 ( 33)
Sections 7 and 12, act of May 21, 1931 (P. L. 149),
15 known as ''The Liquid Fuels Tax Act.••
16 (34) Section 2, act of May 26, 1931 (P. L. 191), entitled
17 "An act requiring certain legal proceedings against State
18 officers to be instituted in the court of common pleas of
19 Dauphin county."
20 (35) Section 4, act of May 29, 1931 (P. L. 210), entitled,
21 as amended, "An act to regulate the certification and the
22 registration of persons qualified to teach in accredited
23 elementary and secondary schools in this State; imposing certain
24 duties upon the Department of Public Instruction and the State
25 Board of Education; defining violations; providing penalties,
26 and for appeal to the court of common pleas of Dauphin County."
27 (3 6) Act of June 22, 1931 (P. L. 622), entitled "An act to
28 prevent fraudulent procedure in obtaining licenses or
29 certificates from the Insurance Department, or altering licenses
30 or certificates issued by the Insurance Department; and
-21 ~

1 providing penalties."
2 (37) Section 5, act of June 23, 1931 (P. L. 899), known as
3 the "Public Bathing Law.
11
4 {38) Section 5, act of May 1, 1933 (P. L. 216), known as
5 ''The Dental Law,
11
in so far as subh provision relates to the
6 Court of common Pleas of Dauphin County.
7 (39) Section 15, act of May 3, 1933 (P. L. 242), entitled,
8 as amended, "An act to promote the public health and safety by
9 providing for examination and registration of those who desire
10 to engage in the occupation of beauty culture; defining beauty
11 culture, and regulating beauty culture shops, schools, students,
12 apprentices, teachers, managers and operators; conferring powers
13 and duties upon the commissioner of Professional and
14 occupational Affairs in the Department of State; providing for
15 appeals to certain courts by applicants and licensees; and
16 providing penalties," in so far as such provision relates to the
17 court of Common Pleas of Dauphin County.
18 (40) Clause (g) of section 4, act of May 5, 1933 (P. L.
19 284), known as the "Malt Beverage Tax Law,
11
reenacted and
20 amended July 9, 1935 (P. L. 628).
21 (41) Section 202, act of May 5, 1933 (P. L. 289), known as
22 the ''Nonprofit Corporation Law," in so far as such provision
23 relates to the Court of common Pleas of Dauphin County.
24 (42) section 202, act of May 5, 1933 (P. L. 364), known as
25 the "Business corporation Law," in so far as such provision
26 relates to the Court of Common Pleas of Dauphin County.
27 (43) Sections 4 and 7, act of May 22, 1933 (P. L. 912),
28 entitled ''An act to protect the public health; defining and
29 providing for the licensing of bakeries, and regulating the
30 inspection, maintenance, and operation of bakeries and premises,
-22 -

1 stores and shops connected therewith; defining and regulating
2 the manufacture sale, and offering for sale of bakery products;
'
3 conferring powers on the Department of Agriculture; and
4 providing p•nalties."
5 (44) Clause (d) of section 5, act of December 5, 1933
6 (Special Session) (P. L. 38), known as the "Spirituous and
7 Vinous Liquor Tax Law.
11
8
( 45) Sections 3 and 22, act of July 2, 1935 (P. L. 589),
9 entitled, as amended, "An act to safeguard human health and life
10 by providing for the issuance of permits to, and regulation of
11 persons and entities selling milk and milk products; conferring
12 powers, and imposing duties on the Secretary of Agriculture; and
13 otherwise providing for the administration of the act; and
14 imposing penalties.••
15 (46) Section 10, act of July 17, 1935 (P. L. 1092), entitled
16 "An act defining fraternal benefit societies and their status;
17 authorizing such societies to create subordinate lodges and to
18 pay benefits to members and their beneficiaries from funds
19 collected, and regulating such benefits and collections;
20 providing for the organization and incorporation of such
21 societies and for their supervision, regulation, and examination
22 by the Insurance Commissioner, 'and for the admission of foreign
23 societies; designating tables of mortality as a basis for rates
24 of contribution; requiring all societies to make annual and
25 other reports; and appointing the Insurance commissioner as
26 attorney for service of process; providing penalties for any
27 violations of the act; exempting such societies from taxation
28 and certain other societies from its provisions; and requiring
29 beneficial associations, other than fraternal benefit societies,
30 to report to and be supervised by the Insurance Commissioner;
-23 -

1 and repealing existing laws.
11
2 (l17) Section 27, act of July 17, 1935 (P. L. 1092), entitled
3 ''An act defining fraternal benefit societies and their status;
4 authorizing such societies to create subordinate lodges and to
5 pay benefits to members and their beneficiaries from funds
6 collected, and regulating such benefits and collections;
7 providing for the organization and incorporation of such
8 societies and for their supervision, regulation, and examination
9 by the Insurance Commissioner, and for the admission of foreign
10 societies; designating tables of mortality as a basis for rates
11 of contribution; requiring all societies to make annual and
12 other reports; and appointing the Insurance Commissioner as
13 attorney for service of process; providing penalties for any
14 violations of the act; exempting such societies from taxation
15 and certain other societies from its provisions; and requiring
16 beneficial associations, other than fraternal benefit societies,
17 to report to and be supervised by the Insurance Commissioner;
18 and repealing existing laws,
11
in so far as such provision
19 relates to the Court of Common Pleas of Dauphin County.
20 (48) Clause {f) of section 301 and sections 304 and 309, act
21 of December 5, 1936 (1937 P. L. 2897), known as the
22 "Unemployment Compensation Law,
11
in so far as such provisions
23 relate to the Court of Common Pleas of Dauphin County.
24 (49)
Section 12, act of April 8, 1937 (P. L. 262), known as
25 the "Consumer Discount company Act," in so far as such provision
26 relates to the Court of Common Pleas of Dauphin County.
27 (50) Sections 901, 902 and 1004, act of April 28, 1937 (P.
28 L. 417), known as the ''Milk Marketing Law,
11
in so far as such
29 provisions relate to the Court of Common Pleas of Dauphin
30 county.
-24 -

1 (51) Sections 7 and 8, act of May 20, 1937 (P. L. 728),
2 entitled "An act providing for the creation of a Board of
3 Arbitration of Claims arising from contracts with the
4 Commonwealth; providing for and regulating the procedure in
5 prosecuting claims before such board; defining the powers· of the
6 board; and fixing the compensation of members and employes
7 thereof; providing that the awards of such board shall be final;
8 providing for the payment of awards; and authorizing an
9 appropriation.''
10 ( 52) Section 9, act of May 21, 1937 (P. L. 788), entitled
11
11
An act for the protection of the public health, and the
12 prevention of fraud and deception, requiring clean, sanitary
13 establishments for the manufacture, preparation or bottling of
14 nonalcoholic drinks and liquid foods, including clean, sanitary
..
15 ingredients and containers; regulating the maintenance and
16 operation of such establishments, and the use of containers;
17 prescribing penalties; and providing for injunctions in certain
18 cases."
19 (53) _Section 11, act of May 27, 1937 (P. L. 901), entitled
20
11
An act for the protection of producers of farm produce;
21 providing for the licensing, the bonding or holding collateral
22 of and the regulation of certain dealers in farm produce, as
23 herein defined, within this Commonwealth; conferring powers, and
24 imposing duties on the Department of Agriculture; providing for
25 appeals and injunctions; and prescribing penalties," in so far
26 as such provision relates to the Court of common Pleas of
27 Dauphin county.
28 (54 I
Section 12, act of May 27, 1937 (P. L. 917), entitled
29 "An act for the protection of the health and welfare of women
30 and minors by regulating under the police power the minimum fair
-25 -

1
2
3
4
5
6
7
8
9
10
11
12
13
waqes which shall be paid by employers; providing for wage
boards, and defining the powers and duties of such boards, and
of the Department of Labor and Industry; imposing duties on
employers; providing for directory and mandatory orders on
employers, and the publication of the names of employers who do
not comply with such orders; exempting certain persons from the
provisions of this act; and providing penalties.••
(55) sections 903, 1111 and 1301, act of May 28, 1937 (P. L.
1053), known as the "Public Utility Law," in so far as suc4
provisions relate to the court of Common Pleas of Dauphin
County.
(56) section 315, act of June 3, 1937 (P. L. 1225), known as
''The Game Law," in so far as such provision relates to the court
14 of Common Pleas of Dauphin county.
15 (57) Act of June 3, 1937 (P. L. 1333) , known as the
16 ''Pennsylvania Election Code,'' in so far as such act relates to
17 (i) the court of Common Pleas of Dauphin County, or (ii) the
18 court of common pleas of the proper county in connection with
19 matters relating to the powers or duties of the Secretary of the
20 Commonwealth, or (iii) the special court of common pleas
21 established by section 1731 of such act.
22 (58) Section 12, act of June 4, 1937 (P. L. 1643), entitled
23 "An act relating to certain existing beneficial societies;
24 conferring certain rights, powers and duties upon them, their
25 officers and members; authorizing the payment of benefits by
26 them in the event of sickness, accident disability or death;
27 requlating such societies and corporations; and limiting the
28 amount for which they may issue membership certificates or
29 policies; providing for reserves; imposing penalties; and
30 repealing certain existing laws and parts of law."
-26 -

1
2
3
(59) Section 4, act of June 21, 1937 (P. L. 1948), known as
the "Nonptofit Hospital Plan Act."
(6 0)
Sections 601~ 602 and 605, act of June 22, 1937 (P. L.
4 1987), known as ''The Clean Streams Law.••
5 (61) Section 10, act of June 25, 1937 (P. L. 2063), entitled
6 "An a<;:t providing for the payment into. the State Treasury,
7 without escheat, of certain moneys and property subject to
8 escheat under existing law, namely unclaimed dividends and
9 profits, certain debts, and interest on certain debts, proceeds
10 of policies of insurance, stock and customers deposits held by
11 certain limited partnerships and unincorporated associations,
12 joint-stock associations, companies and corporations doing
13 business under the laws of this Commonwealth; declaring the
14 legislative intent with respect to such payments; requiring
15 reports of such money and property by, and imposing other duties
16 upon, such partnerships, associations, and corporations;
17 conferring powers and imposing duties on certain State officers,
18 boards, and departments; providing for jurisdiction of courts,
19 and for proceedings for the recovery of such moneys and property
20 by the Attorney General at the suggestion of the Department of
21 Revenue; providing for refunds of such moneys and property; and
22 prescribing penalties."
23 (62) Section 305, act of June 21, 1939 (P. L. 566), known as
24 "The Pennsylvania Occupational Disease Act," in so far as such
25 provision relates to the Court of Common Pleas of Dauphin
26 County.
27 (63) Sections 5 and 18, act of June 24, 1939 (P. L. 748),
28 known as ''The Pennsylvania Securities Act," in so far as such
29 provisions relate to the Court of common Pleas of Dauphin
30 County.
-27 -

1 (6ll) Section 10, act of June 2ll, 1939 (P. L. 8ll2), entitled
2 ''An act relating to the acquisition of rights to divert water
3 from rivers, streams, natural lakes, and ponds, or other surface -
LI waters within the commonwealth or partly within and partly
5 without the Commonwealth; defining various words and phrases;
6 vesting in the water and Power Resources Board certain powers
7 and authorities for the conservation, control and equitable use
8 of the waters within the Commonwealth in the interests of the
9 people of the Commonwealth; making available for public water
10 supply purposes, water rights heretofore or hereafter acquired
11 but not used; providing for hearings by the water and Power
12 Resources Board and for appeals from its decisions; fixing fees;
13 granting to all public water supply agencies heretofore or
14 hereafter created the right of eminent domain as to waters and
15 the land covered by safd waters; repealing all acts or parts of
16 acts inconsistent herewith, including Act No. 109, Pamphlet Laws
17 152, approved April 13, 1905, Act No. 307, Pamphlet Laws 455,
18 approved June 7, 1907, Act No. 64, Pamphlet Laws 258, approved
19 April 8, 1937."
20 (65) Sections 205 and 306, act of June 25, 1941 (P. L. 159),
21 known as the "Municipal Borrowing Law," in so far as such
22 provisions relate to the Court of common Pleas of Dauphin
23 County.
24 (66) Section 7, act of April 27, 1945 (P. L. 321), known as
25 ''The Veterinary Law," in so far as such provision relates to the
26 Court of Common Pleas of Dauphin County.
27 (67) Section 8, act of May 23, 1945 (P. L. 913), known as
28 the "Professional Engineers Registration Law," in so far as such
29 provision relates to the Court of Common Pleas of Dauphin
30 countv.
-28 -

1
(6 8) Section 12, act of May 23, 19L!5 (P. L. 926), entitled
2 "An act for the protection of the public health by regulating
3 the conduct and operation of public eating and drinking places
LI within this Commonwealth; requiring their licensing; imposing
5 certain duties on the Department of Health of this Commonwealth
6 and on the local health authorities; and providing penalties,"
7 in so far as such provision relates to the Court of Common Pleas
8 of Dauphin County.
9 (69) Section 18.2, act of May 31, 19L!5 (P. L. 1198), known
10 as the "Bituminous coal Open Pit Mining Conservation Act," in so
11 far as such provision relates to the Court of Common Pleas of
12 Dauphin county.
13 (70) Section 77L! and 780, act of June 1, 19Ll5 (P. L. 1242),
1LI known as the "State Highway Law."
15 (71) Sections Ll1 and 117, act of June LI, 19Ll5 (P. L. 1388),
16 known as the "Administrative Agency Law."
17 (72) Section 9, act of May 31, 1947 (P. L. 368), known as
18 the "Anthracite Standards Law.
11
19
20
21
22
23
2 LI
25
26
(7 3) Section 8, act of June 5, 1947 (P. L. 445), known as
"The Insurance Unfair Practices Act.
11
(74) section 17, act of June 11, 1947 (P. L. 538), known as
"The Casualty and Surety Rate Regulatory Act."
(75) section 13.1 and 16, act of June 11, 19117 (P. L. 551),
known as "The Fire Marine and Inland Marine Rate Regulatory
Act.
11
(76)
section 13, act of June 27, 1947 (P. L. 10Ll6), entitled
27 "An act providing for equalization of assessed valuations of
28 real property throughout the Commonwealth for use in determining
·'29'· the amount and allocation of Commonwealth subsidies to school
30 districts; creating a state Tax Equalization Board; and
-29 ---,

1 prescribing its powers and duties; imposing duties on certain
2 local officers, agents, boards, commissions and departments; and
3 making an appropriation.''
4 (77) section 11, act of June 28, 1947 (P. L. 1110), known as
5 the ''Motor Vehicle Sales Finance Act," in so far as such
6 provision relates to the Court of Common Pleas of Dauphin
7 County.
8 (78) section 1, act of June 30, 1947 (P. L. 1183), entitled
9 "An act relating to strikes by public emp\oyes; prohibiting such
10 strikes; providing that such employes by striking terminate
11 their employment; providing for reinstatement under certain
12 conditions; providing for a grievance procedure; and providing
13 for hearings before civil service and tenure authorities, and in
14 certain cases before the Pennsylvania Labor Relations Board,
11
in
15 so far as such provision relates to the Court of Common Pleas of
16 Dauphin County.
17 (79) Section 3, act of March 31, 1949 (P. L. 388), entitled
18 "An act authorizing and empowering the Delaware River Joint Toll
19 Bridge Commission, for the effectuation of its authorized
20 purposes, to enter upon, use; overpass, occupy, enlarge,
21 construct, improve, or close any easement. street, road or
22 highway, located within the limits of any municipality in
23 Pennsylvania, or to use, occupy or take property, now or
24 hereafter vested in or held by any municipality in Pennsylvania,
25 without requiring the consent of the municipality or the
26 governing body thereof; prescribing conditions for the exercise
27 of such powers by the commission; and conferring jurisdiction on
28 certain courts of common pleas," in so far as such provision
29 relates to the Court of Common Pleas of Dauphin County.
30 (80) Section 4, act of May 9, 19L!9 (P. L. 1025), entitled
-30 -

1 "An act requiring companies and organizations subject to the
2 provisions of the act of June 11, 1947 (Pamphlet Laws 538), or
3 the act of June 11, 1947 (Pamphlet Laws 551), or section 654 of
4 the act of May 17, 1921 (Pamphlet Laws 682), to maintain uniform
5 classifications of accounts and records; make uniform reports;
6 providing for appeals to the Court of Common Pleas of Dauphin
7 County; and prescribing penalties."
8
9
10
11
12
13
14
15
( 81) Section 8, act of May 11, 1949 (P. L. 1140), known as
the ''Unclaimed Funds Act for Life Insurance Companies."
(82) Sections 710, 711, 712 and 726, act of April 12, 1951
(P. L. 90), known as the "Liquor Code."
(83) Section 12, act of September 26, 1951 (P. L. 1539),
known as "The Analytical-Biochemical-Biological Laboratory Act."
(84) Section 10.1, act of Decemb(ilr 27, 1951 (P. L. 1742),
known as "The Realty Transfer Tax Act."
16 (85) Section 12, act of January 14, 1952 (P. L._ 1898), known
17
18
19
20
21
22
23
as the ''Funeral Director Law,
11
in so far as such provision
relates to the Court of Common Pleas of Dauphin County.
(86) Section 7, 8 and 12, act of January 14, 1952 (P. L.
1965), known as the "Fuel Use Tax Act.••
(87) Section 7 and 10, act of October 27, 1955 (P. L. 744),
known as the "Pennsylvania Human Relations Act,
11
in so far as
such provisions relate to the Court of Common Pleas of Dauphin
24 County.
25 (88) Section 502, act of November 30, 1955 (P. L. 756),
26 known as the "Gas Operations Well-Drilling Petroleum and Coal
27 Mining Act," in so far as such provision relates to the Court of
28 Common Pleas of Dauphin County.
29 _(89) Sections 544 and 555, act of March 6, 1956 (P. L.
30 1228), known as the "Tax Act of 1963 for Education."
~ 31 -

1 (90) Section 4, act of June 21, 1957 (P. L. 390), entitled
2 "An act requiring certain records of the Commonwealth and its
3 political subdivisions and of certain authorities and other
4 agencies performing essential governmental functions, to be open
5 for examination and inspection by citizens of the Commonwealth
6 of Pennsylvania; authorizing such citizens under certain
7 conditions to make extracts, copies, photographs or photostats
8 of such records; and providing for appeals to the courts of
9 common pleas," in so far as such provision relates to the Court
10 of Common Pleas of Dauphin county.
11 (91) Sections 4, 7. 1, 10 and 18, act of December 22, 1959
12 (P. L. 1978), entitled, as amended,
11
An act providing for and
13 regulating harness racing with pari-mutuel wagering on the
14 results thereof; creating the State Harness Racing Commission as
15 a departmental administrative commission within the Department
16 of Agriculture and defining its powers and duties; providing for
17 the establishment and operation of harness racing plants subject
18 to local option; imposing taxes on revenues of such plants;
19 disposing of all moneys received by the commission and all
20 moneys collected from the taxes; authorizing penalties; and
21 making appropriations.••
22 (92) Section 6, act of July 17, 1961 (P. L. 776), known as
23 the "Pennsylvania Fair Educational Opportqnities Act,•• in so far
24 as such provision relates to the court of common Pleas of
25 Dauphin County.
26 (93) section 14, act of July 25, 1961 (P. L. 825), known as
27 the "Oil and Gas Conservation Law," in so far as such provision
28 relates to the Court of Common Pleas of Dauphin County.
29 (94) Section 4, act of July 25, 1961 (P. L. 857), entitled
30 "An act regulating fhe manufacture of stuffed toys intended for
-32 ~

1 sale, gift, or use in Pennsylvania; providing for registration
2 of such manufacturers, the paying of a fee for such
3 reqistration, the issuance of a seal of approval to such
4 manufacturers; providing that material used in such toys shall
5 be new and free from dangerous or harmful substances; providing
6 for disinfection of such material containing products of animal
7 orqin; and prescribing penalties.••
8 (9 5) section 16, act of August 23, 1961 (P. L. 1068),
9 entitled "An act to provide for the creation and administration
10 of an Anthracite and Bituminous Coal Mine Subsidence Fund within
11 the Department of Mines and Mineral Industries for the insurance
12 of compensation for damages to subscribers thereto; declaring
13 false oaths by the subscribers to be misdemeanors; providing
14 penalties for the violation thereof; and making an
15 appropriation," in so far as such provision relates to the Court
16 of Common Pleas of Dauphin County.
17 (96) Section 13, act of September 15, 1961 (P. L. 1313),
18 known as "The Minimum Wage Act of 1961.
11
19 ( 97) Section 7, act of September 20, 1961 (P. L. 1548),
20 known as the "Credit Union Act."
21 ( 98) Section 21, act of September 26, 1961 (P. L. 1664),
.. ~ .
22 known as "The Drug, Device and Cosmetic Act," in so far as such
23 provision relates to the court of Common Pleas of Dauphin
24 County.
25
(99) Sections 21 and 26, act of September 29, 1961 (P. L.
26 1745), known as "The Auctioneers• License Act," in so far as_
27 such provisions relate to the Court of Common Pleas of Dauphin
28 County.
29 (100) Section 8, act of August 14, 1963 (P. L. 824), known
30 as "The Pennsylvania cancer Law," in so far as such provision
-33 -

1 relates to the Court of Common Pleas of Dauphin County.
2
(
101) Section 502, act of August 14, 1963 (P. L. 1082),
3 known as the "Home Improvement Finance Act," in so far as such
4 provision relates to the Court of Common Pleas of Dauphin
5 County.
6 (102) Sections 19 and 20, act of June 19, 1964 (P. L. 7),
7 known as the "Motor Carriers Road Tax Act."
8 (103) section 10, act of August 17, 1965 (P. L. 354), known
9
as ''The Pennsylvania Seed Act of 1965."
10 (104) Section 10, act of September 1, 1965 (P. L. 420),
11 known as "The Frozen Dessert Law."
12 (105) Subsection (e) of section 12, act of September 1, 1965
13 (P. L. 436), known as the ''Pennsylvania Commercial Feed Law of
14 1966."
15 (106) section 13, act of September 2, 1965 (P. L. 490),
16 entitled ''An act providing for the licensing and regulation of
17 the business of transmitting money or credit for a fee or other
18 consideration by the issuance of money orders, by the sale of
19 checks or by other methods; conferring powers and duties upon
20 the Department of Banking; and imposing p~nalties."
21 (107) Sections 9 and 11, act of November 9, 1965 (P. L.
22 657), known as the "Hazardous substances Transportation Act,
11
in
23 so far as such provisions relate to the Court of Common Pleas of
24 Dauphin County.
25 (108) Sections 806 and 1904, act of November 30, 1965 (P. L.
26 847), known as the "Banking Code of 1965," in so far as such
27 provisions relate to the Court of Common Pleas of Dauphin
28 County.
29 (109) Section 6, act of December 15, 1965 (P. L. 1077),
30 entitled "An act relating to and regulating the manufacture,
-34 -

1 sale, transportation, possession, use, serving and advertising
2 of oleomargarine, margarine, butterine and similar substances;
3 prohibiting the sale, possession or use thereof in certain
4 cases; preventing and punishing fraud and deception in the
5 manufacture, sale, use, serving and advertising thereof;
6 imposing powers and duties on the Department of Agriculture and
7 defining enforcement procedure; requiring notice to patrons of
8 certain eating places which sell or serve any such products; and
9 prescribing penalties."
10 (110) subsection (d) of section 10, act of January 24, 1966
11 (P. L. 1509), entitled "An act relating to, regulating, taxing,
12 supervising and controlling the placing of insurance on risks
13 located in the commonwealth of Pennsylvania _with insurers not
14 licensed to transact insurance business in Pennsylvania,
15 permitting licensed insurers to afford cov'erage which may be
16 place.a with unlicensed insurers, providing fees and penal ties,
17 and repealing certain existing laws."
18 (111) Section 11, act of January 24, 1966 (P. L. 1535),
19 known as the "Pennsylvania sewage Facilities Act," in so far as
20 such provision relates to the Court of Common Pleas of Dauphin
21 county.
22 (112) Section 306, act of January 28, 1966 (P. L. 1625),
23 known as ''The Atomic Energy Development and Radiation Control
2ll Act."
25 (113) Sections 4, 12 and 20, act of December 11, 1967 (P. L.
26 707), entitled "An act providing for and regulating thoroughbred
27 horse racing with pari-mutuel wagering on the results thereof,
28 creating the state Horse Racing Commission as an independent
29 administrative commission and defining its powers and duties;
30 providing for the establishment and operation of thoroughbred
-35 -

1 horse racing plants; imposing taxes on revenues of such plants;
2 disposing of all moneys received by the commission and all
3 moneys collected from the taxes; authorizing penalties; and
4 making appropriations.''
5 (114) Section 10, act of January 17, 1968 (Act No. 5), known
6
as "The Minimum Wage Act of 1968."
7 (115) section 8, act of January 22, 1968 (Act No. 7), known
8
as "The Pennsylvania Transportation Assistance Authority Act of
9 1967."
10 (116) Section 20, act of July 9, 1968 (Act No. 151), known
11 as the "Pennsylvania Meat and Poultry Hygiene Law of 1968."
12 (117) Act of July 23, 1968 (Act No. 226), entitled "An act
13 equalizing trade practices in public works procurement;
14 authorizing the purchase by the Commonwealth, its political
15 subdivisions, and all public agencies, of aluminum and steel
16 products produced in a foreign country, provided the foreign
17 country does not prohibit or discriminate against the
18 importation to, sale or use in the foreign country of supplies,
19 material or equipment manufactured in this Commonwealth;
20 establishing procedures for determining whether foreign
21 countries discriminate against supplies, materials or equipment
22 manufactured in this Commonwealth; and imposing penalties and
23 providinq for relief for violation of this act.••
24 ( 118)
Section 307, act of July 31, 1968 (Act No. 233), known
25 as "The Pennsylvania Fair Plan Act."
26
( 119)
Sections 4, 5 and 6, act of December.17, 1968 (Act No.
27 387), known as the "Unfair Trade Practices and Consumer
28 Protection Law," in so far as such provisions relate to. the
29 Court of Common Pleas of Dauphin county, sitting as the
30 Commonwealth Court,
-36 ~

1 (b) For the purposes of subsection (a) of this section:
2 (1) An act of the General Assembly ~elates to the Court of
3 Common Pleas of Dauphin County only to the extent such act
q refers to the trial court of the seat of government in any form
5 of language or the Court of Common Pleas of Dauphin County eo
6 nomine; and
7 (2) An act of the General Assembly shall not be deemed to
8 relate to the Court of Common Pleas of Dauphin County to the
9 extent that such act expressly vests jurisdiction in the courts
10 of common pleas generally.
11 (c) The Commonwealth Court shall also have jurisdiction
12 under this subsection over every civil action, proceeding or
13 appeal of whatsoever nature or description of the classes or
1q kinds heretofore entered in the "Docket of Commonwealth cases''
1S established by the act of June 26, 1895 (P. L. 315), entitled
16 "An act providing for a separate appearartce docket for all cases
17 in which the Attorney General appears officially for the
18 Commonwealth in the courts of the county in which the seat of
19 qovernment ls situated" except any matter involving the
20 interpretation, application, or enforcement of any act of
21 Assembly which expressly vests jurisdiction in the courts of
22 common pleas generally to entertain matters relating ~o the
23 interpretation, application or enforcement of such act.
2q (d) The jurisdiction of the Superior Court specified in
25 section q27, act of June 2, 1915 (P. L. 736), known as "The
26 Pennsylvania Workmen's Compensation Act," and section q27, act
27 of June 21, 1939 (P. L. 566), known as "The Pennsylvania
28 Occupational Disease Act," is transferred to and vested in the
29 Commonwealth court and such provisions are hereby repealed in so
30 far as inconsistent with such transfer.
-37 -

1 (e) The jurisdiction of the superior court specified in
2 section 510, act of December 5, 1936 (1937 P. L. 2897), known as
3 the ''Uqe~ployment compensation Law," and Articl~ XI, act of May
4 28, 1937 (P. L. 1053), known as the ''Public Utility Law," is
5 transferred to and vested in the Commonwealth Court and such
6 provisions are hereby repealed in so far as inconsistent with
7 such transfer.
8 (f) The reference to the Court of Common Pleas of Dauphin
9 County in section 46, act of June 4, 1945 (P.L. 1399), known as
10 the "Administrative Agency Law•• shall hereaf~er be deemed to be
11 a reference to the Commonwealth Court and, except as otherwise
12 provided by general rules hereafter adopted, the reference in
13 section 47 of said act to the applicable rules of civil
14 procedure shall hereafter be deemed to be a reference to the
15 applicable rules of the Commonwealth Court.
16
(q) All acts and parts of acts heretofore enacted are
17 repealed in so far as such acts vest jurisdiction in the Supreme
18 court or the Superior court in addition to or in any manner
19 inconsistent with the jurisdiction provided in this act.
20 Section 509. Repeals and Savings Provisions.--(a) The
21 following acts and parts of-acts are hereby repealed absolutely:
22 (1) sections 7, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 9, 10, 13 and
23 14, act of June 24, 1995 (P. L. 212), entitled "An act to
24 establish an intermediate court of appeal; regulating its
25 constitution, officers, jurisdiction, powers, practice, and its
26 relation to the Supreme Court and other courts; providing for
27 the reports of its decisions, the compensation of the judges and
28 other officers and the practice and costs on appeals from its
29 judgments."
30
(2)
Section 4, act of May 19, 1897 (P. L. 67), entitled "An
-39 -

1
2
3
II
5
6
7
8
9
10
11
12
13
1 [j
15
16
17
18
19
20
21
22
23
2li
25
act regulating the practice, bail, costs and fees on appeals to
the Supreme Court and Superior Court."
(3) Act of March 2, 1923 (P. L. 3), entitled "An act
enlarqing the jurisdiction of the Superior Court of Pennsylvania
by providing for appeals to it from certain orders, judgments,
and sentences of the County Court of Allegheny County, of the
Municipal Court of Philadelphia, and of all similar courts
hereafter created.
11
(II) The first sentence of section li2 and all of section 45,
act of June 4, 19li5 (P.L. 1388), known as the "Administrative
Agency Law."
(5) second and third sentences of section 1, act of December
2, 1968 (Act No. 351) , entitled
11
An act implementing the
provisions of section 9 of Article V of the Constitution of the
Commonwealth of Pennsylvania by providing for a right of appeal
in all cases from courts of record not otherwise provided for."
(6) Section 9, act of December 2, 1968 (Act No. 353), known
as the "Local Agency Law."
(7) Subsections (a) , (b), (c) , (d) , (e) and (f) of section 8
and sections 9 and 10, act of January 6, 1970 (Act No. 185),
known as ''The Commonwealth court Act."
(b) Section 1, act of June 16, 1836 (P. L. 7811), entitled
"An act relating to the jurisdictions and powers of courts" is
hereby repealed in so far as inconsistent with this act.
(c) Section 1 (except in so far as it relates to the powers
26 of the Supreme Court), and the first sentence of section 2,
27 Schedule to Article V of the Constitution of Pennsylvania,
28 adopted April 23, 1968, are hereby superseded and suspended
29 absolutely and the first sentence of section li of such schedule
30 is hereby superseded and suspended in so far as inconsistent
-39 -

1 with this act.
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(d)
Section 13 and subsections (a), (b), (c) and (d) of
section 14, act of January 6, 1970 (Act No. 185), known as ''The
Commonwealth c6urt Act" are hereby repealed except as to matters
pending in the Commonwealth Court thereunder on the effective
date of this act, which matters shall continue to be governed
hereafter by the provisions of said sections 13, 14 (a), 14 (b),
14 (c) and 14 (d).
(e) Nothing in this act contained shall repeal, modify or
supplant any law in so far as it confers authority, power or
;urisdiction upon either:
(1) The Board of Claims created by the act of March 30, 1811
(P.L. 145), entitled "An ACT to amend and consolidate the
several acts relating to the settlement of the public accounts
and the payment of the public monies, and !or other purposes,"
and continued under section 1003 of the act of April 9, 1929
(P. L. 343), known as "The Fiscal Code.
11
(2) The Board of Arbitration of Claims created by the act of
May 20, 1937 (P.L. 728) • entitled "An act providing for the
creation of a Board of Arbitration of Claims arising from
contracts with the Commonwealth; providing for and regulating
the procedure in prosecuting claims before such board; defining
the powers of the board; and fixing the compensation of members
and employes thereof; providing that the awards of such board
shall be final; providing for the payment of awards; and
authorizing an appropriation."
(f) All other parts of those acts which are specified in
this section or in section 508 of this act and all other acts
and parts of acts are hereby repealed in so far as inconsistent
with this act.
-40 -

1 Section 510. Effective Date.--This act shall take effect ten
2 days after final enactment or ten days after the Governor issues
3 the proclamation specified "in The Commonwealth court Act,
4 whichever is later.
G10L18AG/19690H1562B3335
-41 -