t

307

Habeas Cor

manner as is required by law to be done in the court of Common Pleas upon process issued therefrom; and the president Power to of the said court shall have power and it shall be his duty to issue writs of issue writs of habeas corpus, either in term time or vacation, and give relief thereupon in the same manner and as fally as the president of any court of Common Pleas in this commonwealth at present may or can do.

pus, &c.

SECT. 9. And be it further enacted by the authority aforesaid, That any suit or cause depending in the court of Com- Transfer of mon Pleas of the county of Allegheny, on the fourth Monday suits from of July next, where the sum in controversy exceeds one hun. Common dred dollars, may, at the election of either plaintiff or defend- Pleas author. ሮ ant, be transferred to the said District Court, there to be heard, tried and determined: Provided, That the said trans Proviso. fer be made within three months after the said fourth Monday of July next.

0

ized.

Time of

transfer.

been interested to be tried in Common

SECT. 10. And be it further enacted by the authority aforesaid, That if the president of the said District Court shall be Suits in interested in any suit or action, which shall be commenced which Pres't. in, or transferred to the said court, or shall have been of may have counsel for either of the parties in any such suit or action, or in any matter or thing touching the same, it shall be lawful for the said president to suggest such matter on the record Pleas. thereof, and to direct such suit or action to be transferred forthwith to the court of Common Pleas, there to be tried and determined, in the same manner as if the same had been originally commenced in the said court of Common Pleas, or as if the same had not been transferred therefrom.

SECT. 11. And be it further enacted by the authority aforesaid, That in all suits or actions now pending, or which may Suits in be hereafter brought in the court of Common Pleas of said which Pres't. county, in which the president thereof may have been of of Common Pleas may be interested to counsel for either of the parties in any such such suit or action, it shall be the duty of the president of said court of be tried in Common Pleas to suggest such matter on the record thereof, Dist. Court. and to direct such suit or action to be transferred forthwith to the District Court for the county of Allegheny, there to be tried in the same manner as if the same had been originally commenced in said district court.

25th sect. of SECT. 12. And be it further enacted by the authority afore- Provisions of act of 24th said, That the provisions of the twenty fifth section of the act February, entitled "An act to alter the judiciary system of this Commonwealth," passed the twenty-fourth day of February, eigh- 1806, extendteen hundred and six, are hereby extended to the president ed to the of the District Court created by this act. SECT. 13. And be it further enacted by the authority afore. This act to said, That this act shall continue in force for the term of se- continue in force 7 years. ven years, and no longer.

SECT. 14. And be it further enacted by the authority aforesuid, That if by any accident or mistake, or neglect of any

Pres't. of this

court.

General regu lations relative to jurors

sheriff and commissioners, or either of them, the wheel con; taining the names of jurors selected for the year in any county, shall be open or unlocked or unsealed, it shall be the duty In cases of of the court, upon sustaining a challenge to the array for any mistakes or such cause, to direct the names to be taken out of the wheel neglect in by the sheriff and commissioners, and a new selection of jujury wheel, court to direct rors to be made for the remaining part of the year, or if the wheel shall by any means be broken open or destroyed, so that no jury can be drawn from it, a new selection shall be made by the sheriff and commissioners, and put into the wheel for the residue of the year, thirty days before the court, at which any such jurors shall be summoned to serve.

new select

ions.

Cases where

sustained challenges exhaust the

SECT. 15. And be it further enacted by the authority aforesaid, That when in any civil case a challenge to the array by either party, or by the defendant in criminal case is sustained, so that there is no jury present legally qualified to try the panel, venire cause, the court shall have the power, at the instance of either to be awarded party to award a venire, returnable forthwith, directing the sheriff, coroner, or two elisors, as the case may require, to summon twenty-four jurors, for the trial thereof, unless the case be one in which the defendant is allowed twenty peremptory challenges, when the number shall be thirty-six, upon the return of which, with the panel of jurors summoned, the trial shall proceed with like effect as if the jurors had been summoned in the usual way.

returnable forthwith.

SECT. 16. And be it further enacted by the authority aforesaid, That if the sheriff and commissioners of any counProper officer ty shall neglect or refuse to lock and seal any wheel containneglecting or ing the names of jurors selected for the year, or any part thereof, or if the sheriff shall neglect or refuse to take charge of the key thereof, or the commissioners shall neglect or refuse to take charge of the wheel, such sheriff or commissioners shall on conviction thereof in the court of Quarter Sessions of the county, pay a fine to the Commonwealth not less than one hundred dollars, and not more than one thousand dollars, at the discretion of the court.

refusing to seal or take charge of jury wheel liable to a

fine.

Of the number of petit jurors for

SECT. 17. And be it further enacted by the authority aforesaid, That the number of petit jurors to be drawn, summoned and returned to serve at any court of Common Pleas, or court of Quarter Sessions of the peace, in and for the county of Unioncounty. Union shall not be less than thirty nor more than thirty-six, any law to the contrary notwithstanding.

SECT. 18. And be it further enacted by the authority aforeCourts of said, That in all cases where letters rogatory shall be issued Common out of any court of any one of the several states composing Pleas when the United States, or out of any court of any territory of the requested by courts of oth- said United States, requesting any court of Common Pleas er states, &c. in this Commonwealth to afford its aid in the examination of any witness or witnesses within the limits of the jurisdiction of such court of Common Pleas, it shall be competent for such

court of Common Pleas to issue subpoenas to such witnesses to issue subas may be required by any party concerned, requiring their panas to witattendance either before such court of Common Pleas, or be- nesses for exfore a commissioner or commissioners, to be by the said court amination be of Common Pleas named, at a certain hour and place therein fore court or designated, having regard to the distance of such witness or appointed for witnesses, and under a penalty not exceeding one hundred that purpose. .dollars.

comm'rs to be

issue of at

SEOT. 19. And be it further enacted by the authority aforesaid, That in case of the non attendance of any such witness In case of non or witnesses, it shall and may be lawful for such court of attendance Common Pleas, on due proof of the service of the subpoena, tachment to issue process of attachment against the defaulting witness authorized. or witnesses, and thereupon the same proceedings shall be had, as are used and allowed in like cases in the courts of record in this Commonwealth.

SECT. 20. And be it further enacted by the authority afore- Injured party said, That any party injured by such non attendance shall entitled to also be entitled to the same remedies at law, against the per- same reniedy son subpoenaed, as are provided where a subpoena is issued from a court of record of this Commonwealth, in a cause pending in pending therein.

as if the cause was

court.

SECT. 21. And be it further enacted by the authority aforesaid, That if any person subpoenaed under this act shall at- Witnesses retend, but refuse to testify, he or she shall be subject and lia. fusing to tesble to the same proceedings on the part of the said courts of tify liable in Common Pleas, as if he or she had refused to testify in a cause same manner: pending in any court of record of this Commonwealth.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The eighth day of April, A. D. one thousand eight hundred and thirty-three.

GEO. WOLF.

No. 138.

AN ACT

For the relief of sundry widows of soldiers of the revolutionary war. SECT. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the State Treasurer be and he is hereby author

$40 gratuity ized and required to pay to Rachel Peters, of Philadelphia and annuity county, and Catharine Engle of Montgomery county, widows to R. Peters of soldiers of the revolutionary war, or to their orders, reand C. Engle. spectively, the sum of forty dollars immediately, and an annuity of forty dollars during life, to be paid half yearly, to commence on the first day of January, one thousand eight hundred and thirty-three.

SECT. 2. And be it further enacted by the authority aforesaid, That the State Treasurer be, and he is hereby authorized and required to pay to Eleanor Bean, of Montgomery county, the widow of a revolutionary soldier, the sum of forty dollars immediately.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The eighth day of April, A. D. one thousand eight hundred and thirty-three.

GEO. WOLF.

Election of street. commissioners

No. 139.

A FURTHER SUPPLEMENT

To an act entitled, "An act concerning the borough of Reading."

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the town council of the borough of Reading, be and they are hereby authorized and empowered, on the second Monday of May next, and on the second Monday of authorized. May yearly thereafter, to meet together and elect, viva voce, one or more persons to serve as street commissioners for the ensuing year, to act under the direction, and be subject to the order of the town council, in all matters and things Proviso. Continuance pertaining to their official duties: Provided always, neverof present sus theless, That the present supervisors shall continue to hold pervisors. their office until the said second Monday in May next.

SECT. 2. And be it further enacted by the authority aforesaid, That so much of the act entitled, "An act concerning Repealing the borough of Reading," as relates to street and road supervisors, and so much of the supplement to the act entitled,

clause.

"An act concerning the borough of Reading," passed the eighteenth day of March, one thousand eight hundred and fourteen, as relates to the election of supervisors, be and the same are hereby repealed.

SECT. 3. And be it further enacted by the authority afore

said, That the town council of the borough of Reading, in Council aucouncil assembled, shall have full power and authority, by thorized to ordinance or resolution, to borrow for the use of said bo- borrow mo rough, any sum or sums of money which they may deem ney, &c. necessary, and to lay taxes for the re-payment of all loans already made for the use of the said borough, for the repayment of which the faith of the said borough now is, or hereafter may be pledged.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The eighth day of April, Anno Domini, eighteen hundred and thirty-three.

GEO. WOLF.

No. 140.

AN ACT

Authorizing the construction of a wagon road on the berm bank of sections eighty-eight and eighty-nine of the North Branch division of the Pennsylvania canal.

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the canal commissioners be, and they are hereby Authority to directed, in making the necessary repairs on sections eighty- canal comeight and eighty-nine on the North Branch division of the missioners. Pennsylvania canal, so to conduct the same as to accommodate, as far as said repairs may, the formation of a wagon road on the berm bank of said sections.

SECT. 2. And be it further enacted by the authority aforesaid, That the canal commissioners be, and they are hereby directed, to permit the president and managers of the Cata