Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1867-02-21
LAW CHANGING THE MODE OF
CRIMINAL PROCEEDINGS.

and Union counties, has been extend
ed to Bradford County, by the Legis-
lature, and only awaits the approval
of the Governor to become a law
1t will be seen that it enlarges the
powers and duties of Justices of the
Peace very materially. The law
will be found in Pamphlet Laws for
1861, page 6S2 =. ..
SECTION l. Be ii enacted by the Sen
ate and House of Representatives Of
the Commonwealth of Pennsylvania in
General Assembly met, and 1t IS hereby
enacted by the authority Of the same,
That the several justices of the peace
of the County of Erie and Union, be
and are hereby authorized to hold
monthly courts, with jurisdiction to
hear and determine, in the manner
hereinafter provided, the several Of
fences and misdemeanors mentioned
in the thirtieth, thirty-frst, forty.
fourth, forty-sixth, sixty-ninth, seven,
second, ninety-seventh, one hundred
and third, one hundred and twelfth,
one hundred and fortieth, one hun
dred and forty-eighth, and fifty-six
sections of the act Of the thirty-first
day of March, Ammo Domini one thou
sand eight hundred and sixty. enti-
tied An Act to consolidate, revise
and amend the penal laws of this
commonwealth"
SECTION 2. That whenever any per-
son shall be brought before justice
on a warrant issued by said justice,
founded on the oath or information of
the party aggrieved, or of some one
acting for the party aggrieVed, the
complaint or information shall be full
ly read aloud in the hearing of the
defendant or party accused and if
the defendant shall plead guilty to
the charge against him, the justice
shall proceed to inquire into the Cir
cumstances of the case, so far as he
shall think best for a proper under
standing of the defendants guilt, and
shall proceed to pass sentence upon
the defendant, which sentence shall
have the full force and effect of
sentence pronounced by the court of
quarter sessions in like cases, and
the defendant shall be committed to
the jail of the county until the SEN
tence be complied with.
SECTION 3. If the defendant shall
plead not guilty to the offence charg-
ed, and shall at the same time signi-
fly his determination to be tried by a
jury of six, before the said justice,
the justice shall make an entry to
that effect upon his docket, and the
defendant shall then enter into recog-
nizance with good and sufficient sure
ty or sureties, conditioned for his ap-
pearance before the said justice, at
the ensuing monthly session, and not
to depart without leave until dis
charged according to law but if the
defendant shall not enter into such
recognizance as aforesaid, it shall be
the duty of the constable to keep
him or her safely, until duly dischar-
ged by course of law and i'll either
case the justice shall proceed to the
trial of the cause, in the manner
pointed out in the following sections
Of this act; but if the defendant
shall not signify his or her determi-
nation to be tried before said justice,
the said justice shall proceed with
the said defendant as if this act ha d
not been passed.
| SECTION 4. Whenever a defendant
shall signify his or her determination
to be tried by a jury of six, before
the justice Of the peace, for any of
the offences of which a justice of the
peace shall have jurisdiction, accord
ing to the provisions of the first sec,
ton of this act, in the manner point
ed out in the foregoing section, the
said justice, upon such demand, is
hereby required to continue the cause
to the ensuing monthly court, and to
issue centre, directed to any con-
stable Of the proper borough, city,
or township, where the said cause is
to be tried, commanding him to sum
mon six good and lawful men, citi-
zens of said township, city or bo-
rough, and having the qualifications
of electors therein, who shall be in
nowise of kin to either defendant or
complainant, nor in any manner in
terested, who shall be chosen as fol-
lows, to wit The justice shall write
in panel the names of eighteen per-
sons, from which the defendant or
his agent or attorney shall strike one
name, the complainant or prosecutor
one, and so on alternately until each
shall have stricken six names and
the remaining six shall constitute the
jury, to be and appear before such
justice at the time to which said
cause shall have been adjourned, to
serve as jury for the trial Of such
cause Provided, That in case eiher
party shall neglect or refuse to aid
in striking the jury as aforesaid, the
justice shall strike the same in be
half of such party.
SECTION 5. That it shall be the duty
of such constable to make service of
said Ue,lire, and to return the same
same with the names of the persons
by him summoned, at the time ap-
pointed for the trial of the cause.
SECTION 6. That it shall be the
further duty of such constable, to be
in attendance on said court, at the
time appointed for said trial, ard
during the progress of the same and
if by reason Of challenge for cause,
sickness or other disability, the per-
SOUS whose names shall be returned
by the uenire, or any of them, shall
not be empannelIed as jurors, the