to time cause to be kept in their respective towns, two boxes, and shall once at least, in every three years, lay before their town a list of such persons in their respective towns as are of good moral character and qualified as the constitution directs, to vote in the choice of Representatives, and not exempted by this act, and such as the selectmen shall judge well qualified to serve as jurors, and the town shall select out of the list one quarter part of the number laid before them, and such as they shall judge best qualified to serve at the Supreme Judicial Court, and have their names written by the town clerk on separate pieces of paper and put into one of the boxes, to be liable to be drawn out as is herein hereafter directed, to serve on the Petit Jury, at the Supreme Judicial Court, and the town shall direct that such of the remainder of such list as the town shall think proper, shall have their names written on separate pieces of paper and put into the other box, to be drawn, as is herein hereafter directed, to serve on the Petit Jury at the Courts of Common Pleas and General Sessions of the Peace, and if any person whose name shall be put into shall be put into either box, shall be convicted of any scandalous crime, or being convicted be guilty of any gross immorality, his name shall be withdrawn from the box by the selectmen of his town. Provided nevertheless, If he can obtain a vote of the town to have his name restored to the box again, it shall be restored, and such boxes shall be locked by the selectmen, and delivered to the town clerks.

Any person

whose name

either box,

of any scandal. ous crime, his name to be withdrawn.

Selectmen neglecting their duty.

Penalty.

Duty of town.

clerk or select

And be it further enacted by the authority aforesaid, That if the selectmen of any or either of the towns of this Commonwealth, for the time being, shall neglect or refuse to prepare and lay before their respective towns a list of Jurors, as is required in and by this act, every selectman so neglecting his duty, shall forfeit and pay the sum of three pounds, for the use of the county in which he or they dwelt at the time of such neglect, to be recovered by action or information, brought by the Treasurer of such county, before any Court proper to try the same, provided that the action be brought within twelve months after the offence shall be committed.

And be it further enacted by the authority aforesaid, That when any venire facias shall be issued as by this act is provided, and the inhabitants of any town shall be shall be issued. assembled for that purpose, the town clerk, or in his

men, when any

venire facias

absence one of the selectmen, shall carry into the meeting
the box wherein the names of those persons are put who
are designed to serve at the Court from whence the venire
facias issued, which shall be unlocked in the meeting by
the major part of the selectmen, who are to be present
(and the constable who shall warn the meeting shall
particularly notify them and the town clerk for that pur-
pose) and the town clerk, or in his absence one of the7
selectmen shall draw out so many tickets as there are
Jurymen required by the venire, who shall be the persons
that shall be returned to serve as Jurors; saving that if any
whose names are so drawn, are sick, or otherwise unable
to attend at that time, in the judgment of the town, their
names shall be returned into the box and others be drawn
in their stead; and to the intent that the same persons
may not be obliged to serve too often, the clerk or
selectmen who shall draw the ticket or name of any person
returned to serve as aforesaid, shall enter upon the back
thereof the date of the draft and return the same into the
box again, and no person shall be obliged to serve as
Juror oftener than once in three years.

of Petit Jurors,

before the sit

Court.

And be it further enacted, That the meeting for the The meeting for
appointment of Petit Jurors shall be six days at the least the appointment
before the day of the sitting of the Court, to which the to be six days
venire is returnable, and the constables shall notify the ting of the
persons thus appointed of the same, four days at the least
before the sitting of the Court wherein they are to serve,
either by reading the venire, and minute of the appoint-
ment thereon, to the person appointed, or by leaving at
their usual abode, a written notification of their being
drawn as aforesaid, and of the time and place of the
Court's sitting, at which they are to attend. And when
the selectmen shall at any time lay a list of the persons
liable and capable to serve before their town, they
shall carefully transfer from the back of each old ticket,
the minute thereon made, to the new one whereon the
same name is written, that it may be certainly known
whether such persons shall have been drawn within three
years.

Provided always, That if any person shall be drawn and Proviso.
returned, and shall not appear, or appearing shall be
excused by the Court, the minute on his ticket shall not
excuse him from being returned again when he shall be
drawn, although it shall happen within three years.

When there shall be a deficiency of Grand or Petit

Jurors, Courts of venire facias

shall cause writs

to be issued.

And it is further enacted by the authority aforesaid, That when there shall upon any occasion be a deficiency either of Grand or Petit Jurors, by means whereof either the Supreme Judicial Court, or the Court of Common Pleas or General Sessions of the Peace, cannot proceed conveniently in the business of the county, the Courts shall cause writs of venire facias to be forthwith issued and directed to the constables of any town or towns in the county, for the appointment and return of so many good and lawful men to serve on either Jury at the said Court, as may be necessary, and the number required in such venire shall be appointed as the law directs, and notified to attend. immediately. And when from challenges or otherwise, there shall not be a Jury to determine any civil or termine a cause, criminal cause, the Sheriff or his deputy shall by order of Sheriff or Coro- the Court where such defect of Jurors shall happen, return Jurymen de tali: Jurymen de talibus circumstantibus sufficient to compleat the panel; and when the Sheriff or his deputy is interested or related, Jurors may be returned by the Coroner, or such other disinterested person as the Court shall appoint. Provided, There be seven at the least of the Jurors returned by the venire.

When from

challenges, &c. there shall not be a Jury to de

ner shall return

tibus.

circumstan

Penalty for neg. lect of duty in constables, selectmen, town

clerks, or per to serve on the

sons returned

Petit Jury.

And it is further enacted, That if any Constable to whom such venire facias shall be directed and come, shall neglect to do his duty, either in assembling the town, notifying the selectmen and town clerk, or in notifying the Juror appointed, or in returning the venire facias, he shall pay such fine as the Court in their discretion shall order, not exceeding the sum of ten pounds; and if any selectman or town clerk shall, after due notification by the constable, neglect to attend and perform his duty herein prescribed, by means whereof the Jurors called for from his town shall not be returned, he shall forfeit and pay a fine at the discretion of the Court, not exceeding the sum of five pounds; and if any person appointed and returned to serve on the Petit Jury, shall unnecessarily fail of attending, he shall, if he is an inhabitant of Boston, Salem, or Newburyport, pay a fine of five pounds, and if an inhabitant of any other town, he shall pay a fine of forty shillings; which fines shall be equally divided amongst the Jurors who attend their duty.

And it is further enacted by the authority aforesaid, Justices of the That the Justices of the respective Courts aforesaid, shall,

respective Courts, upon

motion of either upon motion from either party in suit, put any Juror

any Juror upon

upon oath, whether he is any way related to either party, party, shall put or hath directly or indirectly formed or given any opinion, oath. or is sensible of any prejudice in the cause; and if it shall then appear to the Court that any Juror does not stand indifferent in the cause, he shall be set aside from the trial of that cause and another called in his stead. And the Sheriff of each county, as soon as he shall receive the venire for Jurors from the Clerk of either Court, shall forward them without any delay, to the constables of the several towns whereunto they are directed.

ing to the

a Jury to

question.

And it is further enacted, That in all causes relating to In causes relat the realty, either party may have a Jury to view the place realty, either in question, if the Court shall be of opinion that such may have view is necessary to the justice of the trial. Provided, the place in The party moving therefor shall advance such reasonable Proviso. sum to the Jury as the Court shall order to be taxed against the adverse party, if he who advances the same shall prevail in the suit. Provided, That no settled Proviso. Minister, Justice of the Peace qualified to act in his office, practising Attorney, Sheriff, Deputy Sheriff, Coroner, Constable, Warden, Register of a Court of Probate, Register of Deeds, Clerk of a common Law Court, physician, constant ferryman or miller, shall be liable to be put into the box. June 26, 1784.

1784.- Chapter 8.

[May Session, ch. 8.]

AN ACT DIRECTING THE PROCEEDINGS AGAINST FORCIBLE Chap. 8

ENTRY AND DETAINER.

un

m

to enquire into forcible entry,

&c.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That two Justices of the Peace, quorum unus, Two Justices, shall have authority to inquire by a jury, as is herein hereafter directed, as well against those who make lawful and forcible entry into lands or tenements, and with a strong hand detain the same, as against those who having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same; and if it be found upon such inquiry, that an unlawful and forcible entry hath been made, and that the same lands or tenements are held and detained with force and strong hand, or that the same after a lawful entry, are held unlawfully and with force and a strong hand, then that such Justices

Upon complaint made of forcible

their warrants.

shall cause the party complaining to have restitution thereof.

And be it further enacted, That when complaint shall be tentry, to issue formally made in writing to any two Justices of the Peace, quorum unus, of any unlawful and forcible entry into any lands or tenements, and detainer as aforesaid, or of any unlawful and forcible detainer of the same after a peaceable entry, they shall make out their warrant under their hands and seal, directed to the sheriff of the same county, commanding him in the behalf of the Commonwealth, to cause to come before them twelve good and lawful men of the same county, each one of whom having freehold lands or tenements of the yearly value of forty shillings, and they shall be impanelled to inquire into the forcible entry or forcible detainer complained of, which warrant shall be in the form following, viz.

Form.

To the Sheriff of the county of S—,

GREETING. Whereas complaint is made to us the subscribers, two of the Justices of the Peace for and within the county of S-, quorum unus, by A. B. of D in the same county, gentleman, that E. F. of yeoman, upon the day of at D aforesaid, with force and arms, and with a strong hand, did unlawfully and forcibly enter into and upon a tract of land of him the said A. B. in D aforesaid, containing acres, bounded as follows, viz. (or into the messuage or tenement of him the said A. B. as the case may be) and him the said A. B. with force and a strong hand as aforesaid, did expel and unlawfully put out of the possession of the same, [Or if it is a forcible detainer only, then the entry shall be described and the detainer inserted as follows,] and him the said A. B. does unlawfully, unjustly, and with a strong hand, deforce and still keep out of the possession of the same. You are therefore commanded, in behalf of the said Commonwealth, to cause to come before us upon the in the said county, twelve good and lawful men of your county, each one of whom having a freehold of the yearly value of forty shillings, to be impanelled and sworn to enquire into the forcible

day of

at