Section 1. Election and term of office
The qualified voters of the City and County of Philadelphia, and of each and every county in the State, shall, at the general election on the second Tuesday of October next, and every three years thereafter, elect one person, learned in the law, who has been two years admitted to the bar, and who shall have resided in the county for which he is elected for one year next preceding his election, who shall be called the district attorney of said county; and the officer so elected shall sign all bills of indictment, and conduct in court all criminal and other prosecutions in the name of the Commonwealth, or when the State is a party, which arise in the county for which he is elected, and perform all the duties which now by law are to be performed by deputy attorney generals, and receive the same fees or emoluments of office: Provided, Said district attorney shall in no case whatever have authority to enter nolle prosequi in any criminal case, either before or after bill found, or to discharge a prisoner from custody, without first having obtained the approbation of the court in writing. 1850, May 3, P.L. 654, Sec. 1.