42 Pa.C.S. § 26 Repeals and related provisions.
(a) Suspension of constitutional provisions by statute.--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18, 20, 21 and 27, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, are hereby superseded and suspended absolutely.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) Suspension of constitutional provisions by general rule.--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and sections 17 and 25, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, are hereby superseded and suspended absolutely effective upon the date upon which the provision is or was suspended absolutely by general rule.
(c) Applicability of Statutory Construction Act.--The provisions of 1 Pa.C.S. § 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) and 1 Pa.C.S. § 1974 (relating to effect of separate repeals on code provisions by same General Assembly) shall not be applicable to this act insofar as relates to acts of the present General Assembly through the act of April 17, 1976 (P.L.118, No.52).
(d) Repeals relating to county offices and officers.--The following provisions are hereby repealed insofar as they relate to any county office or officer any of the fees and charges of which are established by the governing authority of the unified judicial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."
(e) Repeal relating to budget estimate blanks.--Section 601 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," is hereby repealed insofar as it authorizes or requires the Budget Secretary to distribute blanks necessary for the preparation of budget estimates to the prothonotaries of the various courts of the Commonwealth.
(f) Miscellaneous repeals.--
(1) Last sentence of clause (7) of subsection (b) of section 605, act of March 16, 1972 (P.L.108, No.39), known as the "Environmental Improvement Compact," is hereby repealed absolutely.
(2) Subsections (c) and (d) of section 18, act of December 6, 1972 (P.L.1614, No.335), known as the "Pennsylvania Blood Bank Act," are hereby repealed absolutely. § 27. Effect on certain officers.
(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. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Repeal. Act 326 repealed subsec. (a) in part. The repealed provisions have been deleted from the text. 1978 Partial Repeal. Section 27 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days, insofar as inconsistent with Act 53. § 28. Short title. This act shall be known and may be cited as the "Judiciary Act of 1976." § 29. Effective date. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) 42 Pa.C.S. § 1725 (relating to establishment of fees and charges) and 42 Pa.C.S. § 503(b) (relating to procedures), insofar as applicable to 42 Pa.C.S. § 1725, and section 24(a), (d) and (e) of this act and 42 Pa.C.S. § 102 (relating to definitions), insofar as applicable to all of the foregoing shall take effect January 1, 1977.
(3) The provisions of this act relating to budgeting and financial matters shall take effect with respect to fiscal years commencing July 1, 1977.
(4) All other provisions of this act shall take effect upon the absolute repeal of this paragraph (4). This act shall expire December 31, 1978 unless this paragraph is repealed absolutely prior thereto. (April 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Repeal. Act 53 repealed par. (4). Political Subdivisions. Section 42 of Act 53 of 1978 provided that, 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 Act 142 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. 1978, APRIL 28, P.L.202, NO.53 § 1. Short title. This act shall be known and may be cited as the "Judiciary Act Repealer Act." § 2. Repeals. * * *
(c) Statutes designating agent for service of process.--All acts and parts of acts heretofore enacted which require the execution and filing with any government unit or other person of any document expressly evidencing a designation of a person to whom process may be delivered within this Commonwealth with the same effect as if served personally within this Commonwealth are hereby repealed insofar as such acts require such execution and filing in circumstances where the tribunals of this Commonwealth would exercise personal jurisdiction under Chapter 53 of Title 42 of the Pennsylvania Consolidated Statutes (relating to bases of jurisdiction and interstate and international procedure) notwithstanding the absence of such designation.
(d) Statutes repealed by Penal Code of 1939.--All acts and parts of acts heretofore specially repealed by section 1201 of the act of June 24, 1939 (P.L.872, No.375), known as "The Penal Code," are hereby repealed absolutely. * * *
(f) Statutes vesting jurisdiction.--All acts and parts of acts heretofore enacted are hereby repealed insofar as such acts vest jurisdiction in any court or district justice in addition to or in any manner inconsistent with the jurisdiction provided by Title 42 of the Pennsylvania Consolidated Statutes, as amended hereby. * * *
(k) Statutes relating to constables.--Nothing in this act or the act to which this is a supplement shall affect existing laws relating to the election or appointment of constables or impair or limit the existing rights, powers, functions or immunities of any constable, it being hereby declared that the General Assembly intends to codify the law relating to constables in separate legislation. * * * References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
§ 3. Cross reference and interpretation.
(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) Prior laws.--(Repealed).
(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. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Repeal. Act 326 repealed subsec. (c). References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.