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§ 101. Short title of title

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial Procedure

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part I. Preliminary Provisions
Chapter 1. General Provisions
42 Pa.C.S.A. § 101
§ 101. Short title of title
This title shall be known and may be cited as the “Judicial Code.”

Credits

1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978.
RULES OF APPELLATE PROCEDURE
<No provisions of this title enacted prior to May 1, 1978 are deemed to be suspended by the Rules of Appellate Procedure. See Pa.R.A.P. 5102(a).>
HISTORICAL AND STATUTORY NOTES
Act 1976-142 legislation
Section 26 of 1976, July 9, P.L. 586, No. 142, provides in part:
“(a) Section 1 (except insofar as it relates to the powers of the Supreme Court), first sentence of section 2, sections 4 and 13, subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (r), (s), (t), (u), (w) and (except as provided in section 22 of this act) (z) of section 16, sections 18, 20, 21 and 27, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, are hereby superseded and suspended absolutely.
“(b) Subsections (o), (p) and (q) of section 16, and sections 17 and 25, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, are hereby superseded and suspended absolutely effective upon the date upon which the provision is or was suspended absolutely by general rule.”
“(d) The following provisions are hereby repealed insofar as they relate to any county office or officer any of the fees and charges of which are established by the governing authority of the unified judicial system pursuant to 42 Pa.C.S. § 1725 (relating to establishment of fees and charges):
“(1) Any provision of law limiting the salary of any officer of the City and County of Philadelphia by reference to the net fees received and paid in or earned and due the said city and county for services rendered by his office, after deduction of payments to deputies and clerks.
“(2) Section 1806, act of July 28, 1953 (P.L. 723, No. 230), known as the ‘Second Class County Code.’ ”
Section 27 of 1976, July 9, P.L. 586, No. 142, as affected by 1982, Dec. 20, P.L. 1409, No. 326, § 316 [42 P.S. § 20076], provides:
“(a) General rule.--Neither this act nor any provision of Title 42 (relating to judiciary and judicial procedure) as added by this act shall impair or limit the existing rights, powers, functions or immunities of any district attorney, sheriff, register of wills or coroner.
“(b) Construction of section.--The provisions of subsection (a) shall not affect the power of the governing authority under 42 Pa.C.S. § 1725 (relating to establishment of fees and charges) and 42 Pa.C.S. § 1726 (relating to establishment of taxable costs), it being hereby declared that such sections relate to the fees, charges and costs to be collected from the public and not to the remuneration and official expense reimbursement to be received by system and related personnel.”
Section 27 of Act 1976-142, is repealed insofar as inconsistent with the Judiciary Act Repealer Act, by 1978, April 28, P.L. 202, No. 53, § 2(a)[1474] (42 P.S. § 20002(a)[1474] ).
Section 28 of 1976, July 9, P.L. 586, No. 142 provides that the act shall be known and may be cited as the “Judiciary Act of 1976”.
Section 29(3) of 1976, July 9, P.L. 586, No. 142, which section took effect immediately, provides that the provisions of the Act relating to budgeting and financial matters shall take effect with respect to fiscal years commencing July 1, 1977.
Act 1978-53 legislation
Section 1 of 1978, April 28, P.L. 202, No. 53 [42 P.S. § 20001] provides that the act shall be known and may be cited as the “Judiciary Act Repealer Act”.
Section 2(g) of 1978, April 28, P.L. 202, No. 53, the Judiciary Act Repealer Act [42 P.S. § 20002(g) ], provides as follows:
“All other parts of those acts which are specified in this section and all other acts and parts of acts are hereby repealed insofar as they are in any manner inconsistent with this act or the act to which this is a supplement.”
Section 3(a) and (b) of 1978, April 28, P.L. 202, No. 53, the Judiciary Act Repealer Act [42 P.S. § 20003(a), (b) ], 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.”
Section 42 of 1978, April 28, P.L. 202, No. 53, provides:
“(a) General rule.--Notwithstanding section 29(3) of the act of July 9, 1976 (P.L. 586, No. 142), known as the ‘Judiciary Act of 1976,’ the provisions of said act relating to budgeting and financial matters shall take effect as to political subdivisions with respect to fiscal years commencing on or after July 1, 1978.
“(b) Effective date of section.--This section shall take effect immediately.”
Act 1980-142 legislation
Section 101 of 1980, Oct. 5, P.L. 693, No. 142 [42 P.S. § 20010] provides that the act shall be known and may be cited as the “JARA Continuation Act of 1980.”
Titles of Acts:
An Act amending Titles 42 (Judiciary and Judicial Procedure), 15 (Corporations and Unincorporated Associations), 18 (Crimes and Offenses) and 71 (State Government) of the Pennsylvania Consolidated Statutes, adding revised, codified and compiled provisions relating to judiciary and judicial procedure, including certain judicially enforceable rights, duties, immunities and liabilities and separately enacting certain related provisions of law. 1976, July 9, P.L. 586, No. 142.
A Supplement to the act of July 9, 1976 (P.L. 586, No. 142), entitled “An act amending Titles 42 (Judiciary and Judicial Procedure), 15 (Corporations and Unincorporated Associations), 18 Crimes and Offenses) and 71 (State Government) of the Pennsylvania Consolidated Statutes, adding revised, codified and compiled provisions relating to judiciary and judicial procedure, including certain judicially enforceable rights, duties, immunities and liabilities and separately enacting certain related provisions of law,” making revisions, corrections and additions relating to judiciary and judicial procedure, including certain judicially enforceable rights, duties, immunities and liabilities, adding certain provisions of existing law to and making conforming and editorial changes in certain provisions of the Pennsylvania Consolidated Statutes, fixing the general effective date of the act as supplemented hereby and repealing certain acts and parts of acts supplied by the act as supplemented hereby or by other acts or otherwise obsolete. 1978, April 28, P.L. 202, No. 53.
A Supplement to the act of July 9, 1976 (P.L. 586, No. 142), entitled “An act amending Titles 42 (Judiciary and Judicial Procedure), 15 (Corporations and Unincorporated Associations), 18 (Crimes and Offenses) and 71 (State Government) of the Pennsylvania Consolidated Statutes, adding revised, codified and compiled provisions relating to judiciary and judicial procedure, including certain judicially enforceable rights, duties, immunities and liabilities and separately enacting certain related provisions of law,” adding certain provisions of existing law to and making conforming, redesignation and editorial changes in certain provisions of existing law to and making conforming, redesignation and editorial changes in certain provisions of the Pennsylvania Consolidated Statutes, making revisions, corrections and additions relating to judiciary and judicial procedure, including certain judicially enforceable rights, duties, immunities and liabilities, and repealing certain acts and parts of acts supplied by the act as heretofore supplemented and as supplemented hereby. 1980, Oct. 5, P.L. 693, No. 142.
42 Pa.C.S.A. § 101, PA ST 42 Pa.C.S.A. § 101
Current through 2019 Regular Session Act 1
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