Pennsylvania Act 1850-385 — DISTRICT ATTORNEYS - ELECTION OF

Act text

DISTRICT ATTORNEYS - ELECTION OF
                  Act of May 3, 1850, P.L. 654, No. 385               Cl. 16
                                  AN ACT

     Providing for the election of district attorneys.

        Section 1.  Election and term of office
        The qualified voters of the City and County of Philadelphia,
     and of each and every county in the State, shall, at the general
     election on the second Tuesday of October next, and every three
     years 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; and the officer so elected shall sign
     all bills of indictment, and conduct in court all criminal and
     other prosecutions in the name of the Commonwealth, or when the
     State is a party, which arise in the county for which he is
     elected, and perform all the duties which now by law are to be
     performed by deputy attorney generals, and receive the same fees
     or emoluments of office: Provided, Said district attorney shall
     in no case whatever have authority to enter nolle prosequi in
     any criminal case, either before or after bill found, or to
     discharge a prisoner from custody, without first having obtained
     the approbation of the court in writing. 1850, May 3, P.L. 654,
     Sec. 1.
        Section 2.  Return judges to add up votes; oath of office
        The return judges of the said city and county, Philadelphia.
     and of each county in the state, shall, when they meet as now
     required by law, faithfully add up the votes given at said
     election for district attorney, and he who has the highest
     number of votes shall be declared duly elected; and they shall
     make out duplicate certificates, one of which shall be delivered
     to the person thus declared elected, and the other to the
     prothonotary of the court of common pleas of the proper county;
     and on the first monday of november after said election, the
     person who is legally elected shall appear in the court of
     common pleas of said county, if in session, and if not, then at
     the next session of said court, and then, in open court, take
     and subscribe the same oath or affirmation as is required to be
     taken by the Attorney General; which oath shall be entered upon
     the records of said court.  1850, May 3, P.L. 654, Sec. 2.
        Section 3.  Contested elections and filling of vacancies
        All elections of district attorneys 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 general
     election: Provided, Such vacancy happens thirty days before; if
     not, then until the next general election thereafter, and until
     a successor is duly elected and qualified.  1850, May 3, P.L.
     654, Sec. 3.
        Section 7.  When deputy may be appointed
        If in case of sickness, or from any other cause, the district
     attorney shall be unable to attend to the duties and business of
     the term of a court, he shall have authority to appoint some
     competent attorney of the county, with the approbation of the
     court, to act as his deputy for one term, but for no longer
     period. 1850, May 3, P.L. 654, Sec. 7.