USA > Pennsylvania > Chester County > History and progress of Chester County, 1969 > Part 7
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Water Resources Authority
Here again, to meet changing conditions, for the purpose of protecting the health, safety, welfare and to further conservation, the Commissioners, by reso- lution in 1961, created the Chester County Water Resources Authority, which was incorporated the same year. It is directed by nine appointed citizens, resi- dents of Chester County, contributing their time. The officers include a Chair- man, Vice Chairman, Secretary and Treasurer.
Its purposes are to represent the Commissioners' interest in water resources in all of Chester County. Its major activities, so far, have dealt with the water supply, flood control and recreation project for the Brandywine Valley. The Water Resources Authority is responsible for acquiring land, easements and rights-of-way. This project is being carried out in cooperation with the Pennsyl- vania Department of Forests and Waters and the U.S. Soil Conservation Service. The plan involves the construction of eleven dams and reservoirs over the next ten years.
The Water Resources Authority has also been the coordinating agency for the Upper East Branch Brandywine Open Space and Water Resources Project. This is a pioneering plan designed to preserve the quality of the stream and the charac- ter of the countryside by guiding development away from the stream system. Cooperating in the pioneering study are the Institute for Environmental Studies of the University of Pennsylvania, the Regional Science Research Institute, the U.S. Geological Survey and the Pennsylvania Department of Forests and Waters.
The intent of the project is to come up with a plan to indicate those areas which should be kept free of buildings or where buildings should be kept at low density. Basically, these are the flood plains, a buffer strip 300 feet wide along the stream, and the wooded hillsides. If the plan is accepted by the people in the eight townships involved, the next step would be to secure easements from the landowners to preserve the critical areas from building.
The Water Authority has also been responsible for having water needs surveys made for all of the major streams in Chester County. The only remaining area yet to be planned is the northeastern section of the County.
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THE COURTS
The Court of Common Pleas
Six years before William Penn organized and founded the County of Chester in 1682 a Provincial Court had been established at Upland, now Chester. The first Court held in the original courthouse at Upland convened in 1680. The county seat was moved to Turks Head, now West Chester, in 1786 when the present courthouse designed by Thomas U. Walter was erected. Since that time the Court has continued to sit at West Chester. Three additions to the original courthouse at West Chester have been made, providing four courtrooms in addition to the original one, and both the original and second courtrooms have been renovated recently.
Under the provisions of Article V of the Pennsylvania Constitution of 1968 the judicial system of the Commonwealth has been unified. Included in the unification has been the consolidation of the former Court of Oyer and Terminer and General Jail Delivery, Court of Quarter Sessions of the Peace, and Orphans' Court of Chester County into the Court of Common Pleas, effective January 1, 1969, with the former Separate Orphans' Court becoming a Division
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Courtroom No. 1
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Courtroom No. 2
Courtroom No. 3
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of the Court of Common Pleas. The Court of Common Pleas now consists of five members, a President Judge, three Associate Judges, and the President Judge of the Orphans' Court Division, formerly the President Judge of the Orphans' Court of Chester County prior to the consolidation of the Courts.
The County of Chester constitutes the Fifteenth Judicial District of Pennsyl- vania. The Court of Common Pleas, including its Orphans' Court Division, has jurisdiction of all matters within the county, whether civil or criminal and including juvenile proceedings, and through its Orphans' Court Division of decedents' and trust estates, guardianship estates and adoption of minors. Its jurisdiction also includes appeals from decisions of the Workmens' Compen- sation Board, Zoning Boards of Adjustment and from judgments of Aldermen and Justices of the Peace. Beginning January 1, 1970 it will also have jurisdiction of appeals from the courts of District Justices, whose jurisdiction in their respective magisterial districts, created under the Constitution of 1968, will then begin.
The Court of Common Pleas conducts trials by jury as well as trials without a jury in both criminal and civil matters. Under its equity jurisdiction it conducts trials without a jury of civil cases where special remedies not available on the law
Courtroom No. 4
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Orphan's Court Mural
side of the Court may be granted. It also conducts hearings in matters affecting minors under the age of eighteen years, as provided by the Juvenile Court Act, which involve delinquency, dependency or neglect. The Orphans' Court Division construes the wills of decedents, the terms of trusts, the distribution of the estates of persons dying with or without a will and of trust estates, supervises guardianship estates and guardianships of the persons of minors, and has jurisdiction of adoption proceedings as well as certain other matters including the grant of marriage licenses in certain instances.
A Judge of the Court of Common Pleas acts with the two Jury Commissioners, one chosen by each major political party, in filling the "jury wheel", or pool, with the names of a sufficient number of jurors to serve on grand juries and on juries for the trial of civil and criminal cases. When ordered to do so by the Court the Sheriff and the Jury Commissioners draw from the jury wheel and the Sheriff summons for jury service the number of jurors designated by the Court to act as grand jurors or to serve in the trial of cases.
The Court of Common Pleas also appoints a Board of Viewers consisting of three members of the Bar and six laymen, from which Board on a case by case
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basis a Jury of View, comprising one member of the Bar and two laymen, is appointed to view the premises, hear testimony and make an award of damages in cases of condemnation of land for public use as authorized by law on the part of the Commonwealth, various municipal subdivisions and authorities, and public utility companies. An appeal to the Court from the awards made by such Juries of View is available to both the property owner and the condemnor and results in a trial by jury in the Court of Common Pleas.
The Court of Common Pleas appoints a Chief Adult Probation Officer, Chief Juvenile Probation Officer, and assistants to both. The former supervises probation and parole of adults convicted of criminal offenses and also supervises the collection and enforcement of Orders for support of wives, minor children and certain other relatives for whose benefit such Orders have been made by the Court. The latter investigates cases of delinquency, and in some instances cases of dependency and neglect, of minors under the age of eighteen years and also supervises probation of such minors. In addition, the Chief Juvenile Probation Officer now supervises the operation of the Juvenile Detention Home.
The Orphans' Court Division appoints an adoption investigator who investi- gates the circumstances of all prospective adoptions where placement reports upon persons to be adopted are filed.
Orphan's Court
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ELECTED COUNTY OFFICIALS
They are provided for by Article 14.1 of the Pennsylvania Constitution. Salaries are established by the Legislature and paid by the County.
County Commissioners
This office was first created prior to 1720, and further provided for by the above Article, as early as 1786. County control then was set up to act as an agency or local administration, that people would have a direct voice in the man- agement of matters of local concern. Today the County Commissioners perform under laws affecting them passed by the General Assembly and as provided for by the Constitution, Article 14.7, beginning with elections in 1875, and every third year thereafter. Following the Amendment of November 2, 1909, they were elected in 1911, and every fourth year thereafter. The term of office is four years with an annual salary of $12,000.00. The law requires three members be elected to the Board: two representing the majority party and one the minority party. The General Assembly, subject to restrictions and provisions of the State Constitution, has the authority to determine what powers and duties shall be lodged in the hands of County Officials, how these powers shall be exercised and what offices shall be created to administer the laws. The Commissioners are the responsible managers and administrators of official county affairs. They are the sole contractors for the purchasing of all materials, supplies, equipment and con- struction, for the conduct of any service of county government. The Commis- sioners are vested with corporate powers and have the Official Seal. They are the ones upon whom legal process against the County is served. They have jurisdic- tion over county bridges, elections, registration, maintenance and supervision of the Court House, and the Sealer of Weights and Measures. They constitute the County Board of Elections, Registration Commission, and have the full responsi- bility for the administration of the County Welfare Services. They adopt budgets and tax rates for the County. They are members of such Commissions and Boards as may be deemed necessary. They have jurisdiction over all employees in offices and departments under the Commissioners, and appointments there- to. The Commissioners are assisted in their various duties by the officers
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ELECTORS OF CHESTER COUNTY
COMMON PLEAS JUDGE
TREASURER
CONTROLLER
COMMON PLEAS JUDGE
COMMON PLEAS
JUDGE
BOARD OF VIEWS
J) GRAND U TRAVERSE PETIT
ADOPTION INVESTIGATOR
SHERIFF
CLERK
OF COURTS
COURT
REPORTERS
CORONER
0
M
SS
BOARD
CHA
MAN
NERS
INSPECTORS
PRISON
FARMS
HEALTH
DEPARTMENT
MENTAL HEALTH
AND MENTAL RETARDATION
HOME
SURPLUS FOODS
PRINTING &
MICROFILM
ANN
COMMISSION
CLERK
PUBLIC DEFENDER
SOLICITOR
ADMINISTRATIVE ASSISTANT
BOARD OF ASSESSMENT
VETERANS AFFAIRS
RE-DEVELOPMENT COUNCIL
TOURIST PROMOTION
SALARY BOARD
OATA PROCESSING
TAX CLAIM
SAFETY
COUNCIL
BRANDYWINE BATTLEFIELD COMMITTEE
AIRPORT AUTHORITY
LIBRARY
SUPERINTENDENT OF SCHOOLS
DETECTIVE
JUDGE
ADULT
PROBATION
POLICE RADIO
COMMISSIONERS
PROTHONOTARY
RECORDER DF DEEDS
SURVEYOR
MEMBER
MEMBER
CIVIL
DEFENSE
HOM
PO COPSON
CHIEF CLERK
ENGINEER
WEIGHTS & MEASURES
DEVELOPMENT COUNCIL
RETIREMENT BOARD
CHILDREN'S SERVICES
PARK AND RECREATION BOARD
REGISTRATION COMMISSION
BOARD OF ELECTION
PERSONNEL
BUILDING MAINTENANCE
WATER
RESOURCES AUTHORITY
CITIZENS ADVISORY COMMITTEE TO CHILDREN'S SERVICES
PERSONAL PROPERTY BUREAU
HOUSING AUTHORITY & ADVISORY BOARD
COMMON PLEAS
JUVENILE PROBATION
REGISTER OF WILLS CLERK OF ORPHANS COURT
SEPARATE DRPHANS' COURT JUDGE
DISTRICT ATTORNEY
UR
CHESTER CO.
PRISON
JUVENILE
COST
SOIL & WATER CONSERVATION SERVICE
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appointed by them, among whom are the Chief Clerk and Administrative Assistant, who exercise coordinative and administrative functions with respect to departments responsible to the Commissioners. They make decisions on operational problems referred to them by the department heads in the absence of the Commissioners if action cannot be postponed. They meet with persons making inquiries, suggestions or complaints, or having other county business, and make recommendations concerning these matters. The Chief Clerk arranges for advertising of bids. Both the Chief Clerk and Administrative Assistant attend meetings of the Commissioners in order to advise them on problems requiring advice and keep informed of County business. The Com- missioners, as of January 1, 1962, have the responsibility of the Institution District and are provided with a Solicitor and an Assistant Solicitor, as legal advisors in all matters where they are involved legally, who interprets for them all laws affecting counties of the fourth class, as passed by the General Assembly. They also consult with the Commissioners in affairs involving legal aspects or problems. Assisting the Commissioners are the County Engineer and his staff. The Commissioners are members of the Board of Prison Inspectors, with the Chairman presently being a member of the County Commissioners.
Chester County & District Elected Legislators
ELECTORS OF CHESTER COUNTY
Senate of Pennsylvania
19TH SENATORIAL DISTRICT
CHESTER COUNTY
Pennsylvania House of Representatives 155TH LEG. DIST. 157TH LEG. DIST. 156TH LEG. DIST. 158TH LEG. DIST. CHESTER COUNTY
United States House of Representatives 9TH CONGRESSIONAL DISTRICT CHESTER COUNTY AND WESTERN DELAWARE COUNTY
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Legislative Districts
155th: City of Coatesville, the Borough of Parkesburg, Atglen, Honey Brook and Elverson, and the Townships of Caln, Valley, Sadsbury, West Sadsbury, West Caln, West Brandywine, East Brandywine, Uwchlan, Upper Uwchlan, Wallace, Honey Brook, West Vincent, Warwick, South Coventry, North Coventry, East Coventry, East Nantmeal and West Nantmeal.
156th: Boroughs of Downingtown, West Chester and Malvern, and the Town- ships of East Caln, West Goshen, East Goshen, Willistown, Easttown and West Whiteland.
157th: Boroughs of Phoenixville and Spring City, and the Townships of East Whiteland, Tredyffrin, Charlestown, Schuylkill, West Pikeland, East Pikeland and East Vincent.
158th: Boroughs of Avondale, Kennett Square, Modena, Oxford, South Coatesville and West Grove, and the Townships of New Garden, Newlin, New London, Penn, Birmingham, East Bradford, East Fallowfield, East Marlborough, East Nottingham, Elk, Franklin, Highlands, Kennett, London Britain, London- derry, London Grove, Lower Oxford, Pennsbury, Pocopson, Thornbury, Upper Oxford, West Bradford, West Fallowfield, West Marlborough, West Nottingham and Westtown.
Clerk of Courts
In some respects similar to the Prothonotary, the Clerk of Courts in fact is a Clerk or Secretary to the Quarter Sessions where misdemeanors are brought to trial, and the Oyer and Terminer which deals with commission of felonies. At present there are five terms of court each year, making for a full schedule for the Clerk of Courts. He is elected for a four year term with an annual salary of $9,300.00, but will be $11,160.00 effective Jan. 1, 1970. It is the Clerk of Courts or his duly appointed three deputies who are empowered to sign and affix the Seal of the Court to all its writs and processes, to administer oaths and affirmations in the conduct of the office business, and to assume custody of the Seal and all records of the courts. The records maintained by the Clerk of Courts are of great magnitude including, as they do, records of all decisions of the courts, convictions, acquittals, dismissals, and appeals. As secretary to the Court, the Clerk of Courts maintains a listing or docket of all persons to be brought before the courts for trial. He also receives the Bonds of Constables and Tax Col- lectors, one for each township within the County. In addition to his arduous duties pertaining to the Courts, the Clerk of Courts maintains all road and bridge records for the County. Here, in Chester County, one may find carefully kept road records dating back to 1700, inscribed in the style of penmanship peculiar to the era.
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Controller
He is elected for a four year term with an annual salary of $9,300.00, but will be $11,160.00 effective Jan. 1, 1970. The office is operated pursuant to the pro- visions of the Act of 1955, subject to the power and duty of the County Com- missioners, to manage and administer the fiscal affairs of the County. He shall supervise the fiscal affairs of the County, including the accounts and official acts relating thereto, of all officers or other persons who collect, receive, hold or dis- burse the public monies of the County. The Controller might well be termed the Auditor of the County or the watch-dog of county funds. He prepares all checks upon request from the departments concerned, and all payments by the County must bear his approval prior to the signing of checks by the Commissioners and the Treasurer. The Controller maintains the official books of the County, reflect- ing all its properties, receipts and expenditures; all debts and accounts due by county officers and other personnel, and the amount raised by each source of revenue. He also prescribes the form and manner of keeping the books of each of the county offices. Annually the Controller completes the audit of all County officers and reports in detail to the Court of Common Pleas. It is to the Control- ler that the Commissioners turn each November as they begin the preparation of the proposed budget for the coming year. He furnishes the Commissioners with comparative statements of revenues and expenditures for the current and preced- ing years, a statement of appropriations and requests from all county officers and agencies, that the Commissioners, in their role of responsible managers and administrators of the County's fiscal affairs, may complete the county budget. He is a member of the Salary Board and serves as Secretary of the Retirement Board. He is aided by a deputy and two bookkeepers, and a solicitor for advice on all legal matters.
Coroner
He is elected for a term of four years with an annual salary of $7,000.00. On 1 January 1970, the salary will automatically increase to $8,400.00. Traditionally the office is medically oriented and at present the Coroner is a licensed physi- cian. The Coroner is charged with the responsibility and duty to investigate the death of those who come to a sudden or violent end. All deaths of sudden, violent or suspicious nature are to be investigated by the Coroner and must be reported immediately to him. In the event that the cause of death cannot be learned adequately otherwise he may direct that an autopsy be performed upon the body of the deceased when a useful purpose may be served by doing so. The Coroner works closely with the District Attorney and the police in conducting his investigations. The Coroner conducts inquests. The Coroner is assisted by deputies, who act for him in their own districts. Autopsies, when indicated, are performed on a fee basis in the Pathological Laboratories of the Voluntary hos- pitals within the County. The same law above provides that the Coroner act as Sheriff in case of vacancy by reason of removal from office or death or resigna-
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tion before expiration of the term for which the Sheriff was commissioned, until another Sheriff is commissioned.
District Attorney
The District Attorney, "learned in the law," is elected by the voters of Chester County for a term of four years, pursuant to the Act of 1955, with an annual salary of $12,000.00. His qualifications: he shall have been admitted to practice as an attorney before the Supreme or Superior Courts of this Commonwealth for at least two years prior to the time of taking oath of office, or shall have been admitted to practice before the Supreme or Superior Courts of this Common- wealth for at least six months prior to the time for taking the oath of office and have been practicing law before a Court of Record of this Commonwealth for at least five years. The District Attorney shall sign all bills of indictment and con- duct in Court all criminal and other prosecution in the name of the Common- wealth. He is the principal law enforcement officer of the County, deriving his authority from the Attorney General.
(In 1850 the modern term "District Attorney" began to be applied.) He is charged with making investigations of any violations or alleged violations of the laws of the Commonwealth, which may come to his notice; taking such steps, and adopting such means as may be reasonably necessary to enforce the laws of the Commonwealth. The District Attorney maintains harmonious working rela- tions with other police agencies in the County. A cooperative attitude among all the law enforcement agencies is apparent. Assisting with his functions are six assistant district attorneys; a chief of county detectives and three assistant detec- tives and eight county radio operators and five secretaries to process the enor- mous volume of investigations, preparations, prosecutions and other details. The staff is appointed by the District Attorney, subject to approval of the Salary Board. Within the office is maintained, at county level, a Bureau of Criminal Identification, established in 1957 with a modern current filing system available to all police within the County. The files include photographs, fingerprints and other means of criminal identification. The Chief County Detective and his Assistant Identification Officer work from the District Attorney's offices, inves- tigating and reporting to him evidence required in the preparation of criminal cases. The County Detectives are general peace officers with the power of constables as they relate to criminal law and procedure. As a result of recently enacted reciprocal arrangement with other states, the District Attorney is now able to render considerable assistance to Chester County wives whose husbands have left the County or Commonwealth and do not contribute to their support. All persons committed to Chester County Farms are finger printed, photo- graphed and a personal history completed and recorded at the prison. Copies are maintained at the prison and in the detective office of the District Attorney. A copy is sent to the State Police at Harrisburg, and to the F.B.I. in Washington. Photographs and searches for latent finger prints are made for all murders, and other felonies if requested.
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Prothonotary
From the days of the Byzantine Court of the Eastern Empire, as early as 400 A.D., the Prothonotary has been a respected officer, rendering innumer- able and valued services. In Pennsylvania, the Prothonotary was, until 1838, appointed by the Governor; now the Prothonotary is elected in compliance with the Act 1955. He serves a four year term with an annual salary of $11,160.00. Briefly, the Prothonotary is, in fact, clerk or secretary to the Court of Common Pleas and in that capacity it is his duty to maintain records pertain- ing to all civil cases and to establish dockets and books for the keeping of such records. His general powers and duties are to sign and affix the Seal of the Court to all writs and processes and to the exemplification of all records; to take bail in civil actions; enter judgments at the instance of plantiffs; sign all judgments or decrees; administer oaths and affirmations; and have custody of the records and Seal of Court. The records kept are voluminous. Included are the judgment docket in which he copies every judgment or award of the Court and the satis- faction, extension or revival of judgments; common pleas minutes; argument list; appearance dockets; divorce records; suits over custody of children; plaintiff and defendent indexes; records of municipal tax and merchandise liens; financial statements; records of equity proceedings; records of fictitious names in busi- ness; charter of certain corporations and organizations, including churches and charitable organizations; records of trusts; jury records and, in the case of con- tested elections, such election records over which the Court of Common Pleas has jurisdiction. Also, this office assists persons in matters of obtaining naturali- zation papers and passports, thereby eliminating the necessity of leaving our County for these documents. He is assisted in his duties by a staff of three depu- ties, four clerical assistants and a solicitor, all appointed by the Prothonotary, subject to approval by the County Salary Board.
Recorder of Deeds
He is elected for a four year term, pursuant to the Act 1955, with an annual salary of $11,160.00. In a county the size of Chester County, the office of Recorder of Deeds is a busy place. It is the Recorder's responsibility to record all deeds, mortgages and assignment of mortgages, satisfaction of mortgages, rights- of-way, agreements, commissions, powers and letters of attorney, as well as certain financial statements and armed service discharges. Recorded and main- tained also are copies of all highway maps, as well as maps and plans of all devel- opments within Chester County, including plans of sub-divisions and instruments pertaining to the titles of land. Fees prescribed by the legislature are charged for recording all instruments with this commendable exception: no charge for recording a copy of discharges of veterans of the armed services. Because of the importance of a veteran's discharge paper, it is the philosophy of Chester County that the veteran be given a copy as a gift from the County in recognition of his service to his country. Photostatic copies of all records are made, maintaining one copy of each record at the County Court House, while the negative is
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