§ 103. Principles of construction
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial Procedure
42 Pa.C.S.A. § 103
§ 103. Principles of construction
(a) Necessary powers conferred.--The provisions of this title shall be construed so as to vest in the unified judicial system and in the personnel of the system power to do all things that are reasonably necessary for the proper execution and administration of their functions within the scope of their respective jurisdiction.
(b) No inference from express grant of powers.--The inclusion in this title of provisions derived from or based on the text of the Constitution of Pennsylvania and the specification in this title of the powers of the unified judicial system is for the avoidance of potential controversy and the convenient codification of the powers of the system from whatever source derived and shall not be construed as a determination by the General Assembly that any of such powers are or are not inherent in the Supreme Court or the other agencies and units of the system under the Constitution of Pennsylvania or otherwise.
1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978.
BAR ASSOCIATION COMMENT
Source Note: Subsection (a) is a codification of the principle of In re Surcharge of County Commissioners, 12 Pa.D. & C. 471, as approved in Commonwealth ex rel. Carroll v. Tate, 442 Pa. 45, 54 (1971).
HISTORICAL AND STATUTORY NOTES
Act 1978-53 legislation
Section 3 of 1978, April 28, P.L. 202, No. 53, the Judiciary Act Repealer Act [42 P.S. § 20003], provides:
“(a) Cross Reference.--This act shall be deemed a part of the act of July 9, 1976 (P.L. 586, No. 142), known as the ‘Judiciary Act of 1976’ for the purposes of 1 Pa.C.S. § 1975 (relating to effect of repeal on limitations) and § 1978 (relating to repeal as obsolete does not affect substantive rights).
“(b) Interpretation.--The specific repeals effected by section 2 are intended to eliminate obsolete, unnecessary or suspended statutory provisions. General rules promulgated pursuant to the Constitution of Pennsylvania and the Judicial Code in effect on the effective date of the repeal of a statute, shall prescribe and provide the practice and procedure with respect to the enforcement of any right, remedy or immunity where the practice and procedure had been governed by the repealed statute on the date of its repeal. If no such general rules are in effect with respect to the repealed statute on the effective date of its repeal, the practice and procedure provided in the repealed statute shall continue in full force and effect, as part of the common law of the Commonwealth, until such general rules are promulgated. Nothing in this act is intended to revive any act heretofore supplied and repealed by later inconsistent legislation. The fact that this act specifically repeals part of an act shall not create any implication that the unrepealed parts of such act are consistent with or are not supplied by the applicable provisions of the Pennsylvania Consolidated Statutes or other later statutes.
“(c) Repealed by 1982, Dec. 20, P.L. 1409, No. 326, art. IV, § 317 [42 P.S. § 20077].
“(d) District justices.--An express reference in any statute or other law to a justice of the peace or to the office of justice of the peace shall hereafter be deemed a reference to a district justice or to the office of district justice. Any person appointed or elected to judicial office in a magisterial district shall be known as and hereafter shall be commissioned as the ‘district justice’ in and for the appropriate magisterial district.”
Act 1982-326 legislation
Section 401 of 1982, Dec. 20, P.L. 1409, No. 326, art. IV, the JARA Continuation Act of 1982 [42 P.S. § 20091], provides:
“This act is intended to integrate into Title 42 of the Pennsylvania Consolidated Statutes all relevant legislation of the 1979-1981 General Assemblies through Act No. 1981-18. The provisions of 1 Pa.C.S. §§ 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) and 1974 (relating to effect of separate repeals on code provisions by same General Assembly) shall not be applicable to any act of the 1979-1981 General Assemblies through Act No. 1981-18 insofar as relates to Title 42 of the Pennsylvania Consolidated Statutes. Section 601 of the act of October 5, 1980 (P.L. 693, No. 142), known as the ‘JARA Continuation Act of 1980,’ [42 P.S. § 20051] is repealed.”
1952, Jan. 14, P.L. (1951) 2087, § 6.
1838, April 16, P.L. 514, § 28 (17 P.S. § 1486).
1836, June 16, P.L. 755, §§ 102, 104 (12 P.S. §§ 2542 note, 2543).
1836, June 16, P.L. 715, §§ 40, 43 (5 P.S. §§ 121, 124).
42 Pa.C.S.A. § 103, PA ST 42 Pa.C.S.A. § 103
Current through 2018 Regular Session Act 164 (End)
|End of Document||© 2019 Thomson Reuters. No claim to original U.S. Government Works.|