§13. Magisterial districts.  


Latest version.
  • So that the provisions of this article regarding the establishment of magisterial districts and the instruction and examination of justices of the peace may be self-executing, until otherwise provided by law in a manner agreeable to this article, the following provisions shall be in force:

    (a) The Supreme Court or the courts of common pleas under the direction of the Supreme Court shall fix the number and boundaries of magisterial districts of each class within each judicial district by January 1, 1969, and these magisterial districts, except where a community court has been adopted, shall come into existence on January 1, 1970, the justices of the peace thereof to be elected at the municipal election in 1969. These justices of the peace shall retain no fine, costs or any other sum that shall be delivered into their hands for the performance of any judicial duty or for any service connected with their offices, but shall remit the same to the Commonwealth, county, municipal subdivision, school district or otherwise as may be provided by law.

    (b) Classes of magisterial districts.

    (i) Magisterial districts of the first class shall have a population density of more than 5,000 persons per square mile and a population of not less than 65,000 persons.

    (ii) Magisterial districts of the second class shall have a population density of between 1,000 and 5,000 persons per square mile and a population of between 20,000 persons and 65,000 persons.

    (iii) Magisterial districts of the third class shall have a population density of between 200 and 1,000 persons per square mile and a population of between 12,000 persons and 20,000 persons.

    (iv) Magisterial districts of the fourth class shall have a population density of between 70 and 200 persons per square mile and a population of between 7,500 persons and 12,000 persons.

    (v) Magisterial districts of the fifth class shall have a population density of under 70 persons per square mile and a population of between 4,000 persons and 7,500 persons.

    (c) Salaries of justices of the peace.

    The salaries of the justices of the peace shall be as follows:

    (i) In first class magisterial districts, $12,000 per year,

    (ii) In second class magisterial districts, $10,000 per year,

    (iii) In third class magisterial districts, $8,000 per year,

    (iv) In fourth and fifth class magisterial districts, $5,000 per year.

    (v) The salaries here fixed shall be paid by the State Treasurer and for such payment this article and schedule shall be sufficient warrant.

    (d) Course of training, instruction and examination. The course of training and instruction and examination in civil and criminal law and procedure for a justice of the peace shall be devised by the Department of Public Instruction, and it shall administer this course and examination to insure that justices of the peace are competent to perform their duties.

Notation

Suspension by Statute.  Section 13 was superseded and suspended by section 26(a) of the act of July 9, 1976 (P.L.586, No.142), known as the Judiciary Act of 1976.

References in Text.  The Department of Public Instruction, referred to in section 13(d), is now the Department of Education.