public taxes of the said city shall lodge with the said sheriff, for the use of the said 20 April 1858 § 2. board, a duly certified list of all the taxable inhabitants of the said city, setting out P. L. 354. their names, places of residence and occupation; and prior to the tenth day of De- Receiver to furnish cember in each and every year it shall be the duty of the said board, or a quorum list of taxables. thereof, to assemble together and select from the said list of taxables a sufficient Board to select number of sober, healthy and discreet citizens to constitute the several panels of jurors therefrom. jurors, grand and petit, that may be required for service in the said several courts for the next ensuing year, in due proportion from the several wards of the said city, and the principal avocations. Ibid. § 3. 93. The names of taxables so selected, with their respective places of residence and occupation, shall, in the presence of the said board, be written on separate Names, &c., to be pieces or slips of paper, which shall then and there be placed in a closed wheel, to placed in a wheel. be provided by and kept in the exclusive custody of the said sheriff, securely locked, sealed or otherwise guarded from intrusion; a list of the names, residences and oc- List to be certified cupations so selected and placed in the said wheel, shall be certified by the members of the said board then present, to each of the said courts, (q) to be duly filed therein for preservation and public inspection. to each of the courts. Ibid. § 4. How jurors to be 94. At least three weeks before the commencement of each and every term of any of the said courts, the said board, or a quorum thereof, shall assemble and cause to be drawn from the said wheel as many of the names of the taxables therein de- drawn. posited, as may be necessary to serve as grand and petit jurors for and in each of the said courts, according to the command of the venire or venires directed to the said sheriff; one list of which names, residences and occupations so drawn, shall be One list to be cerduly certified by the said board to the proper court, with the venire issued there- tified to the court. from; and one other list of said names, occupations and residences shall be duly sheriff. certified to the said sheriff. And one to the Ibid. § 5. 95. It shall be the duty of the said sheriff to summon each of the said jurors in the manner now practised, to appear in the court for which he may be drawn, How jurors to be on a day specified in the summons, to serve as a juror during the ensuing term; summoned. the said summons shall be served on each juror at least ten days before the time fixed for his appearance; of which said several services the said sheriff shall make Sheriff to make return to the proper court, under oath, stating the time and manner of such return on oath. service. Ibid. § 6. No one to be ex 96. No one so summoned as a juror shall be excused from service except in open court, on good cause shown to the satisfaction of the court; and if any juror so summoned and not excused, shall fail to attend the said court until duly discharged, cused, except for he shall be fined for the use of the said city, not less than thirty nor more than two cause. hundred dollars, to be recovered by attachment, or such other appropriate process Penalty for nonas the said court may direct. attendance. Ibid. § 7. How talesmen to 97. Whenever talesmen are required in any of the said courts, the said sheriff shall produce the said wheel in open court, and in the presence of the judges thereof draw therefrom five names for every talesman required;(r) which names so drawn be drawn. shall be immediately noted on the minutes of the court, whereupon a venire shall be issued, requiring the said sheriff to bring into court any one of the said five persons so drawn, to serve as a tales juror; no tales juror shall be selected or served in any other manner; the tickets or slips so drawn from the said wheel shall be returned thereto. Ibid. § 8. 98. No citizen whose name has been duly drawn, and who has served as a jury- No citizen to be man for one full term, shall be liable to be again drawn and summoned as a juror liable to serve more for the succeeding period of three years. (s) 99. The said sheriff shall preserve the said wheel secure from all interference than once in three years. Ibid. § 9. by others; and if the said board, on any examination the members thereof may Sheriff to keep the institute into the condition of the said wheel and its contents, shall discover that wheel secure. any names have been surreptitiously introduced or withdrawn therefrom, it shall what to be evibe evidence of misdemeanor committed by the said sheriff; and thereupon it shall dence of misbe the duty of any member of the said board to bind him over to answer at the demeanor. next court of quarter sessions, for the said misdemeanor, and on conviction thereof, he shall be punished by fine and imprisonment, at the discretion of the court; the said fine to be not less than two hundred dollars, and the imprisonment, if any, not less than three months in the county jail. Punishment. Ibid. § 10. 100. Any of the duties enjoined on the said sheriff by this act may be performed by his duly appointed deputy, under the same penalties herein provided: Provided, Duties of sheriff That if such deputy shall be unable or refuse to pay any fine imposed by this act, may be performed the said sheriff shall be liable to pay the same. 101. One judge, either of the supreme court, or of the district court, or court of common pleas of the city of Philadelphia, together with the sheriff, or his duly authorized deputy, shall be sufficient to superintend the drawing of jurors to serve in the several courts of the said city. 102. In lieu of the list of the names, occupations and residences of persons selected by the board for drawing and selecting jurors, to serve in the several courts in the by deputy. 8 April 1862 § 1. P. L. 320. with the sheriff in drawing jurors. Ibid. § 2. (s) Limited to one year, by act 27 March 1865. P. L. 799. 8 April 1862 § 2. P. L. 820. List of names to be filed in supreme court only. 13 March 1867 § 7. P. L. 421. When additional in the wheel. city of Philadelphia, required by an act of assembly, approved the 20th day of April, Anno Domini 1858, to be filed in each of the courts, it shall only be neces sary to file a list of said names, occupations and residences, in the office of the prothonotary of the supreme court, for preservation and public inspection; and one other such list shall be made out, and kept in the custody of the secretary of said board. 103. Whenever the board for drawing and selecting jurors, in the said city and county of Philadelphia, or a quorum thereof, shall be of opinion that it will be necessary to place additional names in the wheel, the said board or a quorum thereof, names to be placed shall select, from the list of taxables, from which selections were made, prior to the preceding 10th day of December, as provided in the 2d section of the act of April 20th, 1858, relating to the mode of drawing and selecting jurors for the city of Philadelphia, the names of such number of sober, healthy and discreet citizens as may, in their judgment, be necessary to supply all the venires that may be issued during the current year; which names, when so selected, shall be placed in the said wheel, in the manner now provided by existing laws; and a list of the names, residences and occupations of the persons, so selected, and placed in said wheel, shall be certified by the members of the board then present, as required by existing laws. And the salary and expenses of the clerk of said board shall be fixed by the said board, and paid by said city. 81 March 1870 § 1. P. L. 782. 104. No person shall be exempt from serving as a juror in any of the courts of the city and county of Philadelphia, unless he shall have filed an affidavit, setting Proof of exemption forth the ground for such exemption, with the clerk of the board for selecting and from jury service. drawing jurors, prior to the 1st day of July in the year next preceding that for which he shall claim exemption; any such affidavit, when filed, shall be submitted to a judge of one of said courts, and if it shall set forth good and sufficient grounds for exemption, the name of such person shall not be placed in the wheel containing the names of jurors for the next succeeding year: Provided, however, That it shall be at the discretion of the judge or judges holding any court in said county, to excuse from service any person summoned as a juror, on application in open court, and good and satisfactory cause shown.(t) JURISDICTION. See COMMON PLEAS; DEFAULTING PUBLIC OFFICERS; EQUITY; JUSTICES OF THE PEACE; MANDAMUS; ORPHANS' COURT; PARTITION; PRACTICE; QUARTER SESSIONS AND OYER AND TERMINER; QUO WARRANTO; REAL ESTATE; SUPREME Court. JURY FEE. See COSTS. JURY TRIALS BEFORE JUSTICES. See JUSTICES OF THE PEACE. (t) By act 1 April 1867, § 3, P. L. 652, every commissioned, non-commissioned officer, musician and private of each and every uniformed company, in the first division, who shall faithfully serve as such, shall be exempt from jury duty, during such service. And by act 13 May 1871, P. L. 207, the act of 1870 is not to extend to uniformed militia-men, whose certificate from their commanding officer, is to be sufficient evidence of exemption. JUSTICES OF See 'CORONERS; CRIMINAL PROCEDURE; DOMESTIC ATTACHMENT; ERRORS AND APPEALS; EVIDENCE; FINES AND RECOGNIZANCES; MAGISTRATES' COURTS; WAGES. IV. COMMISSIONS AND BONDS. 17. When commissions to issue. To be sworn by recorder. 18. Justices elect to give notice of acceptance. When commission to issue. 19. Commissions of justices elected at special election. 20. Justices to give bond, unless freeholders. Limitation of action thereon against surety. 21. Security may be required, if justice becomes insolvent, &c. When additional or counter security may be required. 22. Application therefor may be made in vacation. 23. Counter-security may be required, when justice becomes intemperate. 24. Commissions not to be taxed. (3.) IN ACTIONS FOR PENALTIES. 41. Of actions for penalties. 42. Such suits may be brought before any justice. (4.) IN ACTIONS ON FOREIGN JUDGMENTS. 43. Jurisdiction in actions on judgments of justices of an adjoining state. 44. Exemplification, when evidence. Defendant may take same defence as to original claim. 45. Exemplification to become part of the record. VIII. PROCEEDINGS IN CIVIL CAUSES. (1.) OF THE PROCESS AND service. 46. Justices to issue summons or capias. summons to be served. Constable may take bailbond. Form thereof. May be assigned to plaintiff. Constable to be responsible for sufficiency of bail. Of special bail. May surrender. 47. Bail-piece, and proceedings thereon. How 48. Arrest for debt abolished, except in certain cases. 49. In what cases capias may issue. 50. Summons to be returnable between certain hours. 51. Power to issue subpoenas and attachments. 52. Plaintiff may file affidavit of claim. Copy to be served with summons. Judgment in default of affidavit of defence. Right of appeal, &c. Not to apply to Philadelphia. Fees of constables. (2.) PROCESS IN CASE OF NON-RESIDENTS. 53. Of process where plaintiff is a non-resident. 54. Of process against non-residents. 55-6. Service of process on non-residents. Actual notice to be given. (3.) AMENDMENTS. 57. Names of parties may be amended. (4.) AMICABLE ACTIONS. 58. Amicable actions. (5.) JUDGMENTS BY DEFAULT. 59. Of judgment by default; and of nonsuit. (6.) OF THE TRIAL BEFORE THE JUSTICE. 60. Judgment, not exceeding $5.33, to be final. Of their award. Fees. When judgment on award to When referees may be appointed. Oath of referees. be final. Constable to notify referees. Penalty for refusal to serve. 61. How referees to be chosen, where parties disagree. 62. If parties refuse to refer, justice to hear and decide. Parties may appeal. 63. Defendant neglecting to set off his demand, to be barred. When judgment by default to be opened. 64. Provision where stay of execution is waived. 65. Bail on adjournment. 66. Judgment to be rendered within ten days. 67. Neglect to be a misdemeanor. 73. Party injured may sue. 74. Proceedings on refusal to testify. 112. Filing transcript of justice's judgment. When execution may issue. 113. Execution may issue on transcript without previous return by constable of nulla bona. (3.) OF THE EXECUTION. 114. Justice to receive and pay over judgment. 115. When execution to issue. How directed. wit- Duty of constable on execution. Execution against real estate. Against executors, &c. 116. Execution not to issue after five years, without revival. 75. Interrogatories need not be filed, on rule to take depositions within the state. (8.) PROCEEDINGS BEFORE REFEREES. 76. No action to be referred, except by consent of both parties. 77. How vacancies supplied. 117. Clause of arrest to be omitted, except in certain cases. 118. Fees for return of execution may be indorsed thereon. (4.) LIABILITY OF THE CONSTABLE. 119. Of the return of the execution. Proceedings 78. How referees to be sworn. Their power and against constable for false or insufficient return. duties. administrator. 94. Or a guardian. 95. Condition of recognizance. 96. Bail to be given by corporation. 97. Costs of appeal to abide the result. Plaintiff to pay costs unless he recover a more favorable judgment. Defendant may tender judgment for amount admitted to be due. Plaintiff to pay costs of appeal, unless he recover more. Defendant's bill to be taxed. 98. Proceedings to be entered on docket. And certified to the prothonotary. 99. When appeal to be filed. To be decided on the merits. Proceedings where executor, &c., pleads want of assets. 100. Proceedings where appellant neglects to file his appeal. 101. Oath on appeal, in Philadelphia. 104. Justice may demand cost before delivering transcript for appeal. 105. Or transcript of judgment. 106. Affidavit of poverty. 107. Appeal allowed in all cases of summary conviction. XI. PROCEEDINGS SUBSEQUENT TO THE JUDGMENT. (1.) OF THE STAY OF EXECUTION. 108. Of the stay of execution; wages exempted. 109. Bail for stay of execution. 110. Judgment to be for the use of bail paying the same. (2.) OF THE TRANSCRIPT TO BIND REAL ESTATE. 111. Prothonotaries to enter transcripts on record. Justices to deliver transcripts on demand. Such judgments to bind real estate. When execution may issue thereon. 120. Or neglect to return overplus, to defendant. Justice to receive and pay overplus, without fee. (5.) DOCKET-ENTRIES AND TRANSCRIPTS. 121. Proceedings to be entered on the docket. And certified to the prothonotary on appeal. 122. Justice to give transcript, on demand. (6.) TRANSCRIPTS TO OTHER COUNTIES. 123. Transcript may be certified to justice of another county. (7.) SATISFACTION OF JUDGMENTS. 124. Penalty for neglecting to enter satisfaction. 125. How recoverable. XII. OF THE ATTACHMENT-EXECUTION. 126. Justices may issue attachments in execution. 127. Such attachments to issue where execution is returned" no goods." 128. Of the service of the attachment. Plaintiff may file interrogatories. Copy, with rule to answer, to be served on garnishee. 129. On neglect to answer, judgment to be rendered against garnishee. 130. How judgment to be entered on admission of assets. Wages, &c., not to be attached. 131. Parties may appeal. Fees. trover. 133. Justice to hear and decide where demand is not above $10. Where demand exceeds $10, referees to be appointed, at request of either party. To be sworn. When justice's judgment to be final. Fees of referees. Proceedings where defendant makes oath that the title to lands will come in question. Where damages do not exceed $1, plaintiff to recover no more costs than damages. 134. No action to be referred, except by consent of both parties. 135. Vacancies in referees, how applied. 136. How referees may be sworn. Their powers. 137. Referees to have power to award as to costs, in trespass. 138. When parties may appeal. 139. Proceedings to be subject to $100 law. 140. Exceptions from jurisdiction of justices. XIV. OF THE DOCKET. (1.) TRANSFER OF DOCKETS. 141. Docket to be delivered to neighboring justice, in case of death, resignation, removal or absence, &c. Provision, where justice to whom docket is delivered, is a party interested. Provision, where justice absconds or removes without delivering over his docket. 142. Provision for temporary absence of justice. 143. Justices to deliver dockets to their successors. 144. Provision for delivery of dockets to extend to all cases of succession in office. 145. In case of removal, dockets to be delivered over. Penalty for refusal. Proceedings to compel delivery. 1. The qualified voters of the respective wards, boroughs and townships in this 21 June 1839 § 1. commonwealth, (u) shall, in the year of our Lord 1840, and whenever by this act P. L. 876. it becomes necessary thereafter, at the times and places fixed for the election of When and where constables in the said wards, boroughs and townships, (v) elect justices of the peace election for justices and aldermen as follows: for each township shall be elected two justices of the to be held. peace;(w) for each borough, not divided into wards, shall be elected two justices Number to be of the peace; (x) for each ward in a borough shall be elected two justices of the elected. peace; for each ward in a city shall be elected two aldermen, [except in the city and incorporated districts of the county of Philadelphia, where one alderman shall be elected for each ward];(y) and such election shall be held, and conducted How election conin the mode and manner, and by the same officers and persons, as the constables' ducted. elections are held and conducted. But where a borough forms part of a township in which it is situated, the qualified voters of said borough shall not be permitted to vote for justices of said township, nor shall the qualified voters of the township be permitted to vote for justices of said borough. P. L. 72. ducted. 2. When a borough forms part of a township or townships, composing together 7 March 1840 § 1. one general election district, and which are entitled by the act to which this is a supplement, to separately elect two justices of the peace, it shall be the duty of How election for the judge and inspectors elected to hold the general and township elections of justices of boreach year, to provide a separate box into which they shall put the tickets voted oughs to be confor justices of the peace for said borough; and the tickets voted for justices of the peace by the qualified voters of the township, shall have the word "Township," written or printed on the outside; and the tickets voted for justices of the peace by the qualified voters of the borough, shall have the word "Borough," written or printed on the outside, and the said judge and inspectors shall count the votes so voted for justices of peace for said borough, and return the same in like manner, as is provided for in the election of justices of the peace for townships. (u) No person can vote at an election for a justice, unless he be an elector of the proper ward. Pittston Borough Election, 3 Luz. L. Reg. 3. (e) The constitution provides, that all elections for city, ward, borough and township officers, for regular term of service, shall be held on the third Tuesday of February. Art. viii. § 3. And the term of office of justices of the peace begins on the first Monday of May following: infra 8. (c) The constitution provides, that except as therein otherwise provided, justices of the peace or aldermen shall be elected in the several wards, districts, boroughs and townships, at the time of the election of constables, by the qualified electors thereof, in such manner as shall be directed by law, and shall be commissioned by the governor for a term of five years. No township, ward, district or borough shall elect more than two justices of the peace or aldermen, without the consent of a majority of the qualified electors of such township, ward or borough. No person shall be elected to such office, unless he shall have resided within the township, borough, ward or district, for one year next preceding his election. In cities containing over 50,000 inhabitants, not more than one alderman shall be elected in such ward or district. Art. v. § 11. (z) But one to be elected for each ward, in the borough of Pottstown, by act 15 March 1848, § 3, P. L. 155. () In Philadelphia the office of alderman is abolished by the constitution, and magistrates' courts erected for exercising the like jurisdiction. Art. v. § 12. See tit. "Magistrates' Courts." |