SEC. 11. The venires shall be delivered to the Sheriff of the County, and shall be served by him, without delay, upon the Board of Jury Commissioners of the County.

SEC. 12. Nothing contained in this Chapter shall prevent the Clerk of any Court of Common Pleas from issuing venires for additional jurors in term time, whenever it is necessary for the convenient dispatch of its business, in which case the venires shall be served and returned, and the jurors required to attend on such days as the Court shall direct.

Sheriff to sum

mon jurors and venires

to Clerk of Court. Ib., 692, 15.

SEC. 13. The Sheriff shall, at least four days before the time. when the jurors are required to attend, summon each person who is return drawn by reading to him the renire, with his endorsement thereon of his having been drawn, or by leaving at his place of abode a written notification of his having been drawn, and of the time and place of the sitting of the Court at which he is to attend, and shall make return of the venire, with his doings thereon, to the Clerk of the Court, before the opening or time of holding the Court from which it issued.

Drawing and Empanneling of Jurors.

SEC. 14. That all jurors shall be selected by drawing ballots from the jury box, and the persons whose names are borne on the ballots so drawn shall be returned to serve as jurors.

Jurors, how selected.

Ib., 691, 11.

To be drawn

of Clerk of Court of

Clerk and Sherif

iffi person drawn is exempt; Clerk and

Ib., 12.

SEC. 15. When jurors are to be drawn, the Board of Jury Commissioners shall attend at the office of the Clerk of the Court of by Bond at office Common Pleas within and for that County, and, in the presence of Sh the Clerk of the Court and the Sheriff of the County, shall shake up the names in the jury box until they are well mixed, and having Sheriff fail to atunlocked said box, the said Board of Jury Commissioners, in the tend. presence of the Clerk of the Court and the Sheriff of the County, shall proceed to draw therefrom, without seeing the names written thereon, a number of ballots equal to the number of jurors required. If a person so drawn is exempted by law, or is unable, by reason of sickness or absence from home, to attend as a juror, or if he has served as a juror in any Court within the year then next preceding, his name shall be returned into the box, and another drawn in his stead: Provided, That if the Clerk and Sheriff shall fail to attend, after due notice, the Jury Commissioners shall proceed without them, and the jury so drawn shall be lawful.

Ballots drawn to be endorsed

with date of

draft, and re

SEC. 16. When any person is drawn and returned to serve as a juror in any Court, the Board of Jury Commissioners shall endorse on the ballot the date of the draft, and return it into the box after turned into box, the number of jurors required have been drawn; and whenever there is a revision and renewal of the ballots in the box, the Board

&c.

Ib., 692, 13.

When jurors to

be drawn.

Ib., 14.

Thirty-six petit jurors to be drawn at one

t me.

Ib., 694, ¿ 36.

Empanneling

of juries

1797, V, 358.

of Jury Commissioners shall transfer to the new ballots the date of all the drafts made within the year then next preceding.

SEC. 17. The time for drawing jurors shall not be less than seven nor more than fifteen days before the day when the jurors are required to attend.

SEC. 18. No more than thirty-six persons to serve as Petit Jurors shall be drawn and summoned to attend, at one and the same time, at any Court, unless the Court shall otherwise order.

SEC. 19. On the day when the jurors are summoned to attend at any Court, the Clerk shall prepare a list of their names, arranged 1,310 in alphabetical order. The first twelve on the list who are not exempt shall be sworn and empanneled as a jury for the trial of causes, and shall be called the first jury. The next twelve on the list shall be sworn and empanneled in like manner, and shall be called the second jury.

Supernumerary

of jurors.

Ib., 17.

SEC. 20. Supernumerary jurors may be excused, from time to jurors; transfers time, until wanted, and may be put on either of the juries, as occasion requires, in the place of absentees. Nothing herein contained shall prevent the transferring of jurors from one jury to another, when the convenience of the Court or of the jurors requires it. SEC. 21. Each jury, after being thus empanneled, shall retire and choose their foreman, or shall make such choice upon retiring with the first cause with which they are charged; and whenever the foreman is absent or excused from further service, a new foreman shall be chosen in like manner.

Each jury to choose man.

a fore

Ib., § 18.

Emanneling

Ib., 19.

SEC. 22. Nothing contained in the preceding Sections shall apply in criminalcises. to the empanneling of juries in criminal cases; but the jurors shall be called, sworn and empanneled anew for the trial of each case, according to the established practice, and their foreman shall be appointed by the Court or by the jury when they retire to consider their verdi t.

Insufficiency in juries.

Proviso.

Ib.. 220.

Additional ju

rors to be present dur ng term.

SEC. 23. When, by reason of challenge, or otherwise, a sufficient number of jurors, duly drawn and summoned, cannot be obtained for the trial of any cause, civil or criminal, the Court shall cause jurors to be returned from the bystanders, or from the County at large, to complete the panel: Provided, That there are on the jury not less than seven of the jurors who were originally drawn and summoned, as before provided.

SEC. 24. The jurors so returned from the bystanders, or the County at large, by the Sheriff, shall be present during the entire 15., 693, 21. term of sitting of any Court in their respective Counties, and shall be such as are qualified and liable to be drawn as jurors, according to the provisions of this Chapter.

SEC. 25. The Court shall, on motion of either party in suit, examine, on oath, any person who is called as a juror therein, to know whether he is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudice therein, and the party objecting to the juror may introduce any other competent evidence in support of the objection. If it appears to the Court that the juror is not indifferent in the cause, he shall be placed aside as to the trial of that cause, and another shall be called.

Objection to Jurors.

Jurors may be examined by

Court; if rot in

different, may be

set aside.

Ib., § 22.

be challenged. 1:41. XI, 151,

SEC. 26. In all civil cases in which a jury shall be charged with Two jurors may the trial of any issue, each party shall have the right to challenge, without cause therein, two of the jury so empannelled, and the place of the jurors so challenged shall be supplied as provided by law.

12 Spe-r, 418; Strob., 508.

Rich.. 191; 3

In penal actions, no cause of chal

payment of taxes

lenge.

1871. XIV,693,

223.

SEC. 27. In indictments and penal actions for the recovery of a sum of money, or other thing forfeited, it shall not be a cause of challenge to a juror that he is liable to pay taxes in any County, city or town, which may be benefitted by such recovery. SEC. 28. If a party knows of any objection to a juror in season Objections made to propose it before the trial, and omits to do so, he shall not after- after trial. wards be allowed to make the same objection, unless by leave of the Court.

SEC. 29. No irregularity in any writ of venire facias, or in the drawing, summoning, returning or empanneling of jurors, shall be sufficient to set aside the verdict, unless the party making the objection was injured by the irregularity, or unless the objection was made before the returning of the verdict.

SEC. 30. If either party in a case in which a verdict is returned during the same term of the Court, before the trial, gives to any of the jurors who try the cause anything by way of treat or gratuity, the Court may, on the motion of the adverse party, set aside the verdict, and award a new trial of the cause.

Ib., 24.

Vacating judg laity of venire

ments for irregu

facias, &c.

Ib., 25.

If juror receives any treat

or gratuity, side verdict.

Court may

Ib., 26.

bet

Verdicts.

agree not to be

than twice with

consent.

Ib., § 27.

Own

SEC. 31. When a jury, after due and thorough deliberation upon Jury failing to any cause, return into Court, without having agreed upon a verdict, sent out more the Court may state anew the evidence, or any part of it, and ex- out their plain to them anew the law applicable to the case, and may send them out for further deliberation; but if they return a second time without having agreed upon a verdict, they shall not be sent out again without their own consent, unless they shall ask from the Court some further explanation of the law.

To make oath

days' attendance

Pay of Jurors.

SEC. 32. That immediately after the conclusion of each Court

of number of where petit jurors serve, each juror shall, before the Clerk of such 1826, V1,29.3. Court, prove, on oath, the number of days he shall have served or attended to serve as a petit juror at such Court.

Mileage.

SEC. 33. Every grand and petit juror entitled to pay, shall re1858, X,70,1 ceive as compensation for his services one dollar and fifty cents per day, for each day he shall serve as a juror, and five cents for every mile he is compelled to travel, in going and returning to and from the court house and the place of his residence, which amount shall be charged but once for each term of the Court.

Jury to receive 31 in each case tried.

1791, V. 154. 2 N. & McC., 442.

SEC. 34. The jury, in each case tried, shall receive one dollar.

General Provisions.

Jury may view

SEC. 35. The jury in any case may, at the request of either party, or thing in ques be taken to view the place or premises in question, or any property,

place, property,

tion.

Proviso.

matter or thing, relating to the controversy between the parties, when it appears to the Court that such view is necessary to a just decision: Provided, The party making the motion advances a sum 1871, XIV, 693, sufficient to pay the actual expenses of the jury and the officers who attend them in taking the view, which expenses shall be afterwards taxed like other legal costs, if the party who advanced them prevails

? 28.

Penalty for non

attendance.

in the suit.

SEC. 36. If a person duly drawn and summoned to attend as a Ib., 694, 29. juror in any Court neglects to attend, without sufficient excuse, he shall pay a fine not exceeding twenty dollars, which shall be imposed by the Court to which the juror was summoned, and shall be paid into the County Treasury.

Penalty for neglect of duty

rors,

Ib., 30.

SEC. 37. When, by neglect of any of the duties required by this in drawing ju- Chapter to be performed by any of the officers or persons herein mentioned, the jurors to be returned from any place are not duly drawn and summoned to attend the Court, every person guilty of such neglect shall pay a fine not exceeding one hundred dollars, to be imposed by the same Court, to the use of the County in which the offence was committed.

to

Power of Coreners. &c., summon,

juries

Ib.. § 34.

SEC. 38. Nothing contained in this Chapter shall affect the power &c., and duty of Coroners, or Trial Justices, to summon and empannel jurors when authorized by other provisions of law.

TITLE III.

OF REMEDIES RELATING TO REAL PROPERTY.

CHAPTER CXII. Of Certain Proceedings by Remaindermen, Heirs, &c.

CXIII. Of the Allotment of Dower.

CXIV. Of Proceedings on the Partition of Real Estate.
CXV. Of Forcible Entry and Detainer.

CXVI. Of the Foreclosure and Redemption of Mortgages.
CXVII. Of Escheat.

CHAPTER CXII.

OF CERTAIN PROCEEDINGS BY REMAINDERMEN, HEIRS, &c.

SEC.

1. Remaindermen, &c, may compel guardians, &c., to produce the minor. &c.

2. If not produced, to be taken to be dead, and claimant may enter on land, &c.

3. On affidavit that minor, &c., is beyond sea, claimant may send over persons to view such minor, &c.

4. If it appear that infant, &c., is alive,

SEC.

after order made, such infant,
&c, may re-enter.

5. Guardian to continue in possession,
&c., in certain cases.

6. Guardians, &c., holding estates af
ter determination of life of mi-
nor, &c., adjudged trespassers.
7. Heirs, &c., may recover damages.
8. Right of entry not taken away from
lawful heirs, &c., by reason of
any disseizor dying seized, &c.

Remainder

men, &c., may

guardians, &c., to produce the minor, &c. 6 Ann, c. 18;

SECTION 1. That any person who shall have any claims or demand in or to any remainder, reversion or expectancy, in or to any compl estate after the death of any person within age, married woman, or any other person whatsoever, upon affidavit made by the person so claiming such estate, of his or her title, and that he or she has 1712, 11, 561, 1. cause to believe that such minor, married woman, or other person is dead, and that his or her death is concealed by such guardian, trustee, husband or any other person, may, once a year, apply to the Court of Common Pleas for an order requiring such guardian, trustee, husband or other person concealing, or suspected to conceal, such person, at such time and place as the said Court shall direct, on personal or other due service of such order, to produce and show to such person and persons (not exceeding two) as shall, in such order, be named by the party prosecuting such order, such minor, married woman, or other person aforesaid.