211 Pa. Super. 119 | Pa. Super. Ct. | 1967
Opinion by
This is an appeal by the defendant from the refusal of the court below to quash an information charging him with a summary offense under The Vehicle Code, “following too closely.”
The City of Bethlehem is the only third class city in Pennsylvania which lies in two counties. The alleged offense took place in the portion of the city which is in Lehigh County. The summons served on the defendant directed him to appear before the Bethlehem Traffic Court, which, during that particular month, was in charge of an alderman of Northampton County. The defendant waived the hearing and requested that the case be returned to the Court of Quarter Sessions of Lehigh County. Instead it was returned to the Court of Quarter Sessions of Northampton County. There the defendant moved to quash the information on the ground that the alleged offense arose in Lehigh County. After argument the defendant’s motion was denied.
There is no doubt but that the general rule is that a magistrate, justice of the peace or alderman has jurisdiction only over the locality from which he was elected, but there are statutory exceptions. Nor example, §1201 of The Vehicle Code, which consolidated and revised the law relative to motor vehicles (75 PS §1201), provides that informations charging violations of its summary provisions shall be brought before the nearest available magistrate, but it specifically excepted violations which could be brought before any magistrate of the traffic court of Philadelphia or before any police magistrate of the municipal traffic court of any city of the second class, together with two other exceptions not relevant here. The two classes of traffic courts had been previously established by the Acts of September 29, 1951, P. L. 1623, 53 PS §22291 et seq., and June 14, 1957, P. L. 315, 42 PS §1110.1 et seq., respectively. At that time there were no traffic courts authorized for cities of the third class or townships of the first class.
By the Act of July 10, 1961, P. L. 559, the legislature authorized the establishment of traffic courts in cities of the third class by adding §1201.1 to The Vehicle Code, 75 PS § 1201.1,
“(c) When any such traffic court is closed, proceedings under this act shall be brought as otherwise provided.”
Since the act itself became a portion of The Vehicle Code, it was not necessary to insert an additional exception in §1201. The new act clearly contemplated that the alderman in charge of the traffic court would have jurisdiction beyond the ward from which he was elected. If there be any question of inconsistency, the latter must control. Section 63 of the Statutory Construction Act of 1937, 46 PS §563, provides: “Whenever a general provision in a law shall be in conflict with a special provision in the same or another law, the two shall be construed, if possible, so that effect may be given to both. If the conflict between the two provisions be irreconcilable, the special provisions shall prevail and shall be construed as an exception to the general provision, unless the general provision shall be enacted later and it shall be the manifest intention of the Legislature that such general provision shall prevail.”
In addition, §64 of the Statutory Construction Act, 46 PS §564, provides: “Except as provided in section sixty-three, whenever, in the same law, several clauses are irreconcilable, the clause last in order of date or position shall prevail.”
It follows that under either provision, the Act of 1961, being special as opposed to general, and being last in both date and position, must control.
In any city of the third class which established a traffic court authorized by the Act of 1961, the alder
This section was amended on June 28, 1951 to read: “Any city hereafter formed out of two or more towns, townships, or boroughs, or any combination thereof situate in different counties, shall, for all municipal purposes of government and control, be deemed and considered as under and within the jurisdiction of the courts of that county in which at the time the charter of the city is issued the larger percentage of the popu
We are informed by the briefs and by the opinion of Judge Clinton Budd Palmee that the Borough of Bethlehem in Northampton County was incorporated on March 6, 184-5, the Borough of South Bethlehem in Northampton County was incorporated on August 21, 1865, and the Borough of West Bethlehem in Lehigh County was incorporated in 1886. In 1904 the Borough of Bethlehem consolidated with the Borough of West Bethlehem and on July 17, 1917 consolidated with the Borough of South Bethlehem and was chartered as the City of Bethlehem.
Thus the Borough of Bethlehem, Northampton County, was first incorporated and under the provisions of the Act of 1931 it was, for all municipal purposes of government and control, under and within the jurisdiction of the courts of Northampton County.
The court below properly dismissed the defendant’s motion to quash the information and its order is affirmed.
By the' Act of August 8, 1963, P. L. 594, §1201.2 was added authorizing traffic courts in townships of the first class, 75 PS §1201.2.