"Nor shall any prothonotary or clerk of any court practice as aforesaid, in the court of which he shall be prothonotary or clerk.

"Nor shall the register of wills of any county practice as aforesaid, in the Orphans' court of the same county.

"IX. OF PROTHONOTARIES AND CLERKS

"Section 76. The prothonotaries and clerks of the several courts of this Commonwealth shall, before they enter upon the duties of their offices, respectively, make oath or affirmation to support the constitution of the United States and the constitution of this Commonwealth, and to perform the duties of the respective office with fidelity; they shall also, with one or more sureties, to be approved of by any two of the judges of the court of Common Pleas of the respective county and also by the Governor, give a joint and several bond to the Commonwealth, in such sum as the Governor shall judge sufficient, with condition faithfully to execute the duties of their respective offices, and well and truly to account for and pay according to law all monies which shall be received by them in their official capacity, and to deliver the books, seals, records, writings and papers belonging to their respective offices whole, safe and undefaced to their successors therein.

"Section 77. The prothonotaries and clerks, aforesaid, shall have and exercise, respectively, in the courts to which they severally belong and with full effect in term time and vacation, the powers and authorities following to wit: They shall have power

"I. To sign and affix the seal of the respective court to all writs and process, and also to the exemplifications of all records and process therein.

"II. To take bail in civil actions, depending in the respective

court.

"III. To enter judgments at the instance of plaintiffs, upon the confessions of defendants.

"IV. To sign all judgments.

"V. To take the acknowledgment of satisfaction of judgments or decrees entered on the record of the respective court.

"VI. To administer oaths and affirmations in conducting the business of their respective offices.

"X. OF THE CONSTABLES, CRIERS AND TIPSTAVES

"Section 78. The judges of the several courts of this Commonwealth shall have power to appoint a crier for the respective court, and so many tipstaves or constables as may be necessary to attend upon the court, and the said officers shall be paid by the respective county, such sum for each day's attendance, as the said judges shall allow.

"XI. OF JURIES

"Section 79. The juries for the trial of all issues, in fact, which may be taken in any action in any of the courts of this Commonwealth, shall be selected by the sheriff and commissioners, and summoned and returned to the respective court in the manner following, and not otherwise, to wit:

"Section 80. The commissioners of the several counties of this Commonwealth, except the county of Philadelphia, shall from time to time, and as occasion requires, provide, and at all times keep one wheel for the purpose of containing the names of jurors for the courts of the respective county.

"Section 81. The commissioners of the counties of Lancaster and Allegheny shall provide and keep, as aforesaid, one other wheel, for the purpose of containing the names of the grand jurors and petit jurors for the mayors courts of the cities of Lancaster and Pittsburg.

"Section 82. The commissioners of the county of Philadelphia shall provide and keep as aforesaid, one wheel for the purpose of containing the names of grand jurors of the said county, which wheel they shall cause to be marked No. 1.

"Also, one other wheel for the purpose of containing the names of petit jurors of the said county, which wheel they shall cause to be marked No. 2.

"Also, one other wheel for the purpose of containing the names. of special jurors of the said county, which wheel they shall cause to be marked No. 3.

"They shall also provide one other wheel for the purpose of containing the names of grand jurors for the Mayors' Court of the city of Philadelphia, and one other wheel for the purpose of containing the names of the petit jurors of the same court.

"Section 83. Every of the said wheels shall be provided with a sufficient lock and key; the wheel shall remain and be in the

custody of the commissioners of the respective county, and the keys thereof in the custody of the sheriff of the same county.

"Section 84. If the sheriff and commissioners of any county, or any of them, shall neglect or refuse to lock and seal the wheel or wheels aforesaid, of the respective county, or if the commissioners neglect or refuse to take charge of such wheel or wheels, or if the sheriff neglect or refuse to take charge of the key belonging to such wheel or wheels, the sheriff or commissioners so offending, and every of them, shall, on conviction thereof in the court of Quarter Sessions of the respective county, forfeit and pay a fine not less than one hundred dollars, nor more than one thousand dollars, at the discretion of the court.

"Section 85. The sheriff, and at least two of the commissioners of every county, shall, at least thirty days previously to the first term in every year of the Court of Common Pleas of the respective county, meet, and thereupon proceed with due diligence to select, at the seat of justice thereof, from the taxable citizens of the county, a sufficient number of sober, intelligent and judicious persons, to serve as jurors in the several courts of such county in which juries shall be required to be holden therein during that year.

"Section 86. The sheriff, and at least two of the commissioners as aforesaid of the counties of Philadelphia, Lancaster and Allegheny, shall respectively, at the time and place of selecting jurors as aforesaid, also select from the taxable citizens residing within the limits of the cities of Philadelphia, Lancaster and Pittsburg, respectively, a sufficient number of sober, judicious and intelligent persons, to serve as jurors in the Mayors' Courts to be holden in the said cities during that year.

"Section 87. But before the sheriff and commissioners shall make any selection of jurors in any year as aforesaid, they shall severally taken an oath or affirmation, before some person having authority to administer oaths in the following form:

"You, and each of you do (swear or affirm) that you will use your utmost endeavors and diligence in making an impartial selection of competent persons for jurors during the ensuing year, and that you will not suffer partiality, favor, affection, hatred, malice or ill will in any case or respect whatever, to influence you in the selecting, drawing or returning of jurors; but, that you will, in all respects, honestly conform to the true

intent and meaning of the acts of Assembly, in such case made and provided.

"Section 88. The sheriff and commissioners aforesaid shall provide a sufficient number of small slips or pieces of paper, upon each of which, they shall write or cause to be written the name, surname and addition or occupation, and place of abode of one of the persons selected, they shall roll up or fold the said slips, so that the names shall not appear, without unfolding thereof, and thereupon they shall deposit the names of the persons so selected, in the appropriate wheel, as aforesaid.

"Section 89. Provided, That the sheriffs and commissioners of the several counties shall, in every year, select such a number of persons, and deposit their names, in the proper wheel as aforesaid, that at the end of the year there shall remain in each wheel, as near as may be, the number of names requisite to compose the panels of jurors for one court at the least, and not any greater number.

"Section 90. As soon as the selection of jurors and the depositing of their names in the wheel as aforesaid shall be completed, the sheriff shall cause the same to be locked and secured by sealing wax, and thereon the said sheriff and commissioners shall impress distinctly their respective seals.

"Section 91. The sheriff, in the absence of the commissioners of the respective county, or of at least two of them, and the commissioners, in the absence of the sheriff of the county, shall not at any time open any of the wheels aforesaid, nor shall the sheriff and commissioners open any such wheel, except for the purpose of despositing therein the names of persons to be jurors, in pursuance of law, or an order of court, or of drawing a panel or panels of jurors therefrom, in compliance with a precept directed to them for that purpose. And if any sheriff or commissioner shall offend herein, he shall forfeit, for the use of the respective county, a sum not exceeding five hundred dollars, at the discretion of the court having jurisdiction of the offence.

"Section 92. If at any time the names in any of the wheels aforesaid, shall be exhausted before the end of the current year, it shall be the duty of the sheriff and commissioners aforesaid, upon the order of the court of Common Pleas or two of the judges thereof, to make a new selection of persons and deposit their names in the proper wheel for the remainder of such year:

Provided, That in the counties wherein more than one wheel is provided, the judges of the court in which such jurors shall be required shall make the order aforesaid.

"Section 93. When the array of jurors returned at any court, shall be quashed by reason of any fault or irregularity in the selection of persons or depositing their names in the wheel aforesaid, the sheriff and commissioners of the respective county shall, upon the order of such court, forthwith take out of the wheel, from which such jurors were drawn, all the names therein deposited and make a new selection of persons, and deposit their names in the wheel for the remainder of the current year, in the manner aforesaid.

"Section 94. If at any time such wheel as aforesaid shall be broken open or destroyed, so that no jury can be drawn from it, a new selection of persons shall be made, and their names deposited in such wheel, or in a new wheel to be prepared for that purpose, for the remainder of the current year, thirty days before the court at which such jurors shall be summoned to serve, if so many days shall intervene.

"Section 95. If by any accident, mistake or neglect of the sheriff or commissioners of any county, or either of them, the wheels aforesaid, or any of them, shall be opened, unlocked, or unsealed, except in the presence of such sheriff or commissioners, it shall be the duty of the court, upon sustaining a challenge to the array for any such cause, to direct the sheriff and commissioners, forthwith to take out of the wheel the names therein deposited, and to make a new selection of persons, and deposit their names in such wheel for the remainder of the current year, in the manner aforesaid.

"Section 96. The prothonotaries and clerks of the several courts of Common Pleas, District Courts of Nisi Prius of this Commonwealth shall, as soon as conveniently may be after the list of the causes at issue and for trial at any term of the respective court shall have been settled, and at least thirty days before the beginning thereof, make out and forthwith deliver to the sheriff of the respective county a writ, commanding the said sheriff and the commissioners of the said county to empannel, and the said sheriff to summon a jury, or a jury of special jurors, as the case may be, for the trial of all such issues.