7
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Corrected orphans' court spelling; added reference to court mergers in 1968
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(Corrected orphans' court spelling; added reference to court mergers in 1968) |
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''[[United States|United States]] > [[Pennsylvania|Pennsylvania]]'' {{Adoption PARoots}} <br> | ''[[United States|United States]] > [[Pennsylvania|Pennsylvania]]'' {{Adoption PARoots}} <br> | ||
The development of the [[Pennsylvania]] system of courts was complicated. A comprehensive history is Frank M. Eastman, ''Courts and Lawyers of Pennsylvania: A History 1623-1923''. 3 vols. (New York: The American Historical Society 1922; Family History Library book {{FHL|280307|title-id|disp=974.8 P2e; fiche 6089143-45}}). See also Howard M. Jenkins, ed., ''Pennsylvania Colonial and Federal: A History 1608-1903, "The Judicial System" 3:98-118'' (Philadelphia, PA, Pennsylvania Historical Publishing Association, 1903; Family History Library book {{FHL|974.8 H2j|disp=974.8 H2j; film 824350}}). | The development of the [[Pennsylvania]] system of courts was complicated. A comprehensive history is Frank M. Eastman, ''Courts and Lawyers of Pennsylvania: A History 1623-1923''. 3 vols. (New York: The American Historical Society 1922; Family History Library book {{FHL|280307|title-id|disp=974.8 P2e; fiche 6089143-45}}). See also Howard M. Jenkins, ed., ''Pennsylvania Colonial and Federal: A History 1608-1903, "The Judicial System" 3:98-118'' (Philadelphia, PA, Pennsylvania Historical Publishing Association, 1903; Family History Library book {{FHL|974.8 H2j|disp=974.8 H2j; film 824350}}). | ||
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=== 1682 - pres. Justice of the peace === | === 1682 - pres. Justice of the peace === | ||
Courts Justice of the prespeace courts for each township were established from the time of William Penn. These courts have become less influential and no longer exist in some localities. The library has a few records from these courts, such as ''Lebanon County, Pennsylvania, Justice of the Peace, Court Dockets, 1811-1905 ''(Family History Library films {{FHL|52505|title-id|disp=1032470}}-71). This source includes some marriage records. Other records of this type may also contain marriage records. | Courts Justice of the prespeace courts for each township were established from the time of William Penn. These courts have become less influential and no longer exist in some localities. The library has a few records from these courts, such as ''Lebanon County, Pennsylvania, Justice of the Peace, Court Dockets, 1811-1905 ''(Family History Library films {{FHL|52505|title-id|disp=1032470}}-71). This source includes some marriage records. Other records of this type may also contain marriage records. These courts are now known as magisterial district courts.<br> | ||
=== 1682 - | === 1682 - 1968 Orphans' courts === | ||
Orphans' courts dealt with orphan, guardianship, and estate issues. In the larger cities, the orphans' courts became totally separate from other courts. The orphans' court also appears to have been the main equity court for much of the colonial period. The library has some orphans' court records such as ''Pennsylvania, Orphan's Court (York County)'', ''Orphan's Court Dockets, 1749-1881''<nowiki>;</nowiki>''General Index to Dockets, 1749-1887'' (on 24 Family History Library films beginning with {{FHL|91545|title-id|disp=22150}}). These courts were abolished by constitutional amendment in 1968, and became a part of the courts of common pleas; however, in most counties, the filing clerk remained the Clerk of the Orphans' Court after the formal abolishment.<br> | |||
=== 1684 - 1722 Provincial court === | === 1684 - 1722 Provincial court === | ||
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In 1720 a court of chancery/equity was organized but was discontinued in 1735. Some records of this court are found in ''Pennsylvania, Chancery Court, The Registrar's Book of Governor Keith's Court of Chancery of the Province of Pennsylvania, 1720-1735/Reprint, With Comments Prepared by Committee on Legal Biography and History of the Pennsylvania Bar Association'', (Harrisburg, PA: Pennsylvania Bar Association, 1941; Family History Library book {{FHL|280276|title-id|disp=974.8 P2p}}.) | In 1720 a court of chancery/equity was organized but was discontinued in 1735. Some records of this court are found in ''Pennsylvania, Chancery Court, The Registrar's Book of Governor Keith's Court of Chancery of the Province of Pennsylvania, 1720-1735/Reprint, With Comments Prepared by Committee on Legal Biography and History of the Pennsylvania Bar Association'', (Harrisburg, PA: Pennsylvania Bar Association, 1941; Family History Library book {{FHL|280276|title-id|disp=974.8 P2p}}.) | ||
=== 1722 - | === 1722 - 1968 Court of quarter sessions of the peace === | ||
In 1722 the civil and criminal responsibilities of the county court were divided and the court of common pleas and court of general quarter sessions of the peace were established. Prior to 1895 appeals from these courts were to the state supreme court (established in 1722), but after that time appeals were made to the superior court. The library has some court of quarter sessions (so called because they met quarterly) records such as ''Pennsylvania, Court of Quarter Sessions (Philadelphia County), Court Docket, 1753-1879'' (on 65 Family History Library films beginning with {{FHL|335635|title-id|disp=965370}}). Besides criminal case entries listing all parties involved and all jury members, there are also some records of roads, appointments of civil officials, and tavern and peddler's licenses issued. | In 1722 the civil and criminal responsibilities of the county court were divided and the court of common pleas and court of general quarter sessions of the peace were established. Prior to 1895 appeals from these courts were to the state supreme court (established in 1722), but after that time appeals were made to the superior court. The library has some court of quarter sessions (so called because they met quarterly) records such as ''Pennsylvania, Court of Quarter Sessions (Philadelphia County), Court Docket, 1753-1879'' (on 65 Family History Library films beginning with {{FHL|335635|title-id|disp=965370}}). Besides criminal case entries listing all parties involved and all jury members, there are also some records of roads, appointments of civil officials, and tavern and peddler's licenses issued. These courts were abolished by constitutional amendment in 1968, and became a part of the courts of common pleas.<br> | ||
=== 1722 - pres. Court of common pleas === | === 1722 - pres. Court of common pleas === | ||
The court of common pleas and the | The court of common pleas and the orphans' court were closely allied and had the same judges, but they were distinct in practice. These courts had countywide jurisdiction over criminal and civil cases including real estate, bankruptcy, tax collection, naturalization, and divorce. As an example of these records, the library has ''Pennsylvania, Court of Common Pleas (Cumberland County), Appearance Dockets, 1769-1905; Adsecturm Index, 1750-1894 ''(on 40 Family History Library films beginning with {{FHL|420384|title-id|disp=1010167}}); and Pennsylvania, Court of Common Pleas (Cumberland County), ''Divorce Decrees, 1810-1905'' (Family History Library films {{FHL|420339|title-id|disp=1011472}}-84). | ||
=== 1722 - pres. Supreme court === | === 1722 - pres. Supreme court === | ||