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PRESIDENT OF THE COURTS OF COMMON PLEAS) IN THE
CIRCUIT CONSISTING OF THE COUNTIES OF

WEST-

MORELAND, FAYETTE, WASHINGTON AND ALLEG.

HENY,

ON AN IMPEACHMENT,

BY THE HOUSE OF REPRESENTATIVES,
BEFORE THE SENATE OF THE COMMONWEALTH

OF PENNSYLVANIA.

TAKEN IN SHORT HAND BY

THOMAS LLOYD.

Second edition, with additions.

LANCASTER:

PRINTD BY GEORGE HELMBOLD, JUNIOR,
FOR LLOYD AND HELMBOLD, JUN:

1803;
[Copy-right secured.]

g.cotti

Checked
May 1013

TILDEN LIBRARA

1895

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[A.j

2 Bac. 160.
T
TUSTICES of the peace, in their sessions, have no jurisdic-
I

tion one over the other, according to that rule inter pares
'non ejl potestas : therefore they cannot amerce a justice for his
non-attendance, nor bind a brother justice to his good behavior
for using such expressions in court, for which, if he were a pri-
vate person, he might be committed, or bound to his good bé.
havior.

[B.] Chriftian's Notes on Blackstone, 57i. In the house of commons the speaker never votes but when there is an equality without his casting vote, which in that case creates a majority ; but the speaker of the house of lords has no casting vote, but his vote is counted with the rest of the houfe ; and in the case of an equality, the non-contents or negative voices have the same effect and operation as if they were in fact a majority. (Lords' Journ. 25th June, 1661.) 'Lord Mountmorris fays, that the house of lords in Ireland observe the same rule ; and that in cases of equality, femper præfumitur pro negante. (1 vol. 105.). Hence the order in putting the question on appeals and writs of error is this: «'Is it your iordship’s pleasure that this decree or judgment shall be reverfed ;” for if the votes are equal, the judgment of the court below is affirmed. (Ib. 2 vol. 81.) Here it may not be improper to observe, that there is no cafting voice in courts of justice; but in the superior courts if the judges are equally divided, there is no decision, and the cause is continued in court till a majority concur. At the sessions the justices, in case of equality, ought to respite the matter till the next session ; but if they are equal one day, and the matter is duly brought before them on another day in the same sessions and if there is then an inequality, it will amount to a judg 'ment, for all the time of the sessions is considered as but one day. A cafting vote fometimes signifies the single vote of a perfon, who never votes but in the case of an equality; fome.

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