Wyoming democrat. [volume] (Tunkhannock, Wyoming Co., Pa.) 1867-1940, 1869-01-20
ORIGINAL ACT
.Jpstices' Coufs-JurtSdicti0a IN certain
DfeRSeS
I APPROVED MAY |, 1861. J

gTeHStN
SECTION |, BE Il e,dci,i, de-, That the
several justices of the peace of the county
of Erie and Union, he and are hereby au-
thorized to hold (monthly) courts, with iu-
risdietion to hear and determine, in the
manner hereinafter provided, the several Of
fenses and misdemeanors mentioned i'll the
thirtieth, thirty-first, forty-fourth, forty
sixth, sixty-ninth, seyenty-second, ninety
seventh, one hundred and third Except
where the value of the property stolen shall
exceed ten dollars one hundred and
twelfth, one hundred and fortieth, one hun
dred and forty-eighth, one hundred and
fifty-second sections of the act of the thir-
ty-frst day of March, Ammo Domim one
thousand eight hundred and sixty, entitled,
San Act to consolidate, revise and amend
the penal laws Of this commonwealth -
proceedings tchere defendUa pledelS gritty.
SECTION , That whenever any person
shall be brought before a justice on a war
rant issued by said justice founded ON the
oath or information of the party agglieved,
or OF some one acting for the party aggriev-
ed, the complaint or information shall he
fully read aloud III the hearing OF the de-
fendant or party accused and If the defen-
dant shall plead guilty to the charge against
him, the justice shall proceed to inquire in
to the circumstances of the case so far as
he shall think best for proper understand
ing Of the defendants guilt, and shall pro-
ceed 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 eases, and
the defendant shall be committed to the jail
of the county until the sentence I've complied
with
TriM 6y J,oy # sir-Recogaiz.mee, dc.
SECTION 3. If the defendant shall plead
not guilty to the offence charged, and shall
at the same time signify his determination
to he tried by jury of six, before the said
Justice the justice shall make an entry to
that effect upon his docket, and the defend
ant shall then enter into recognizance with
good and sufficient surety or sureties, con
ditioned for his appearance before the said
justice, at the ensuing monthly session, and
not to depart without leave until discharged
according to law but if the defendant shall
not enter into such recognizance as afore-
said, it shall be the duty of the constable to
keep him or her safely, until duly dischar-
ged by course of law and in 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 determination to
be tried before said justice, the justice shall
proceed with the said defendant as if this
act had not been passed.
,Jtg.g hOtC chOSea- TeHiye To issue.
SECTION 4. Whenever 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
justice of the peace shall have jurisdiction,
according to the provisions of the first sec
ton of this act, in the manner pointed 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 renire, directed to any
constable of the proper borough, city or
township, where the said eause is to be tri-
ed, commanding him to summon six good
and lawful men, citizens of said township,
city or borough, and having the 'quahfca-
tons of electors therein, who slnlil be in
nowise of kin to either defendant or COM
plainant, nor in any manner interested,
who shall be chosen as follows, to wit ::
The justice shall write in panel the names
of eighteen persons, from which the defen
dant 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 Pro
ridetl, That in case either party shall neg
lect or refuse to aid i'll striking the jury us
aforesaid, the justice shall strike the same
in behalf of such party.f
Serrice Of re,are by constable.
SECTION ). That it shall be the duty of
such constable to make service of said
csnire, and to return the same with the
names of the persons by him summoned, at
the time appointed for the trial of the cause
Constable 10 mead h'ial-His duties ahd pdJ.
SECTION 6. That it shall be the further
duty of such constable, to be in attendance
Oh said court, at the time appointed for said
trial, and during the progress of the same;
and if by reason OF challenge for cause, sick
ness or other disability, the persons whose
names shall he returned by the renire, or
any of them, shall not he empannelled as
jurors, the sdid constable shall fill the pan-.
el from the lgstanders. as rs done Ivy The