Section V. And the jurisdiction of its judges
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And the jurisdiction of its judges
The Judges of the Court of Common Pleas, in each county, shall, by virtue of their offices, be Justices of Oyer and Terminer and General Gaol Delivery, for the trial of capital and other offenders therein: Any two of the said Judges, the President being one, shall be a quorum; but they shall not hold a court of Oyer and Terminer or Gaol Delivery in any county, when the Judges of the Supreme Court, or any of them, shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such regulations as shall be prescribed by law, remove the indictment and proceedings, or a transcript thereof, into the Supreme Court.
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The Supreme Court and the Several Courts of Common Pleas of this Common Wealth shall besides the powers usually exercised by such Courts, have the powers of a Court of Chancery, so far as relates to the perpetuating Testimony, Obtaining Evidence from places not within this State, and the Care of the Persons and Estates of those who are Non Compotes Mentis, and such other powers as may be found necessary by future General Assemblies, not inconsistent with this Constitution.
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