SEC. 29. No goods or chattels shall be sold by virtue of any execution aforesaid, unless previous notice of such sale shall have been given, for at least ten days successively, by putting up written or printed notices thereof, in three of the most public places in the county where such sale is to be, specifying the time and place where such goods and chattels are to be sold.

SEC. 30. Whenever a sheriff or other officer shall have levied an execution issued out of any court of record upon the personal property of a defendant; or shall be about to make such levy, and the defendant be desirous of retaining the same in his possession, such sheriff shall take a bond from such defendant with security that the property shall be forthcoming or delivered, at such time and place, as shall be named in the condition, and that the same shall not be disposed of nor injured, and a bond so taken shall not be considered void, as taken by color of office.

SEC. 31. Where bonds shall be taken by a sheriff, for the forthcoming and delivery of property, and the defendant or his security shall not return the property named in the said bond conformably to the condition thereof, the officer having such execution, may proceed to execute the same in the same manner as if no levy had been made; and in case the defendant's property, or a sufficiency thereof, can not be found, the officer may proceed to levy on so much of the property of the security in the delivery bond as will make the amount called for in such bond, and the property which may be so taken, may be sold by giving notice thereof as prescribed in section twenty-nine of this chapter, and no future delivery bond shall be allowed.

SEC. 32. The necessary wearing apparel of every person shall be exempt from execution, writ of attachment and distress for rent.

SEC. 33. The following property, when owned by any person being the head of a family and residing with the same, shall be exempt from levy and sale on any execution, writ of attachment, or distress for rent; and such articles of property shall continue so exempt while the family of such person, or any of them, are removing from one place of residence to another in this State, viz: First, necessary beds, bedsteads and bedding; the necessary utensils for cooking; necessary household furniture, not exceeding in value fifteen dollars; one pair of cards, two spinning wheels, one weaving loom and appendage; one stove and the necessary pipe therefor, being in use, or put up for ready use, in any house occupied by such family. Second, one milch cow and calf, two sheep for each member of the family, and the fleeces taken from the same, or the fleeces of two sheep for each member of a family which may have been purchased by any debtor not owning sheep, and the yarn and cloth that may be manufactured from the same, and sixty dollars' worth of property, suited to his or her condition or occupation in life, to be selected by the debtor. Third, necessary provisions and fuel for the use of the family for three months, and necessary food for the stock hereinbefore exempted from sale, or that may be held under the provisions of this chapter.

SEC. 34. Whenever, in any case, the head of a family shall die, desert, or cease to reside with the same, the said family shall be entitled to, and receive all the benefits and privileges which are in this chapter conferred upon the head of a family residing with the same.

SEC. 35. If any officer, by virtue of any execution or other process, or any other person, by any right of distress, shall take or seize any of the articles of property hereinbefore exempted from levy and sale, such officer or person shall be

liable to the party injured for three times the value of the property illegally taken or seized, to be recovered by action of trespass, with costs of suit.

SEC. 36. Nothing contained in this chapter shall apply to judgments rendered and executions issued by justices of the peace, excepting such as relate to executions levied upon personal property.

SEC. 37. Whenever a judgment has been or may hereafter be obtained in any court of record of this State, against any person or persons, who has or shall after the rendition of said judgment, die, it shall be lawful for execution to issue against the lands and tenements of said deceased person or persons, without first reviving the judgment against their heirs or legal representatives: Provided, however, The plaintiff or plaintiffs in execution, or his or their attorney, shall give to the executor or administrator, if there be any, of said deceased person or persons, at least three months' notice in writing, of the existence of said judgment before the issuing of execution: And provided further, That no execution shall issue until after the expiration of twelve months from the death of such deceased person or persons.

SEC. 38. Whenever a judgment shall be rendered by any court of record, or any justice of the peace, in this State, and an execution against the defendant or defendants in said judgment shall be returned by the proper officer, "no property found," on the affidavit of the plaintiff, or other credible person, being made before the clerk of said court, or justice of the peace, that said defendant or defendants have no property within the knowledge of such affiant, in his or their possession, liable to execution; and that such affiant hath just reason to believe that another person or persons is or are indebted to such defendant or defendants, or hath or have any effects or estate of such defendant or defendants in his or their hands, it shall be lawful for said court, or justice of the peace, to cause the person or persons supposed to be indebted to, or supposed to have any of the effects or estate of the said defendant or defendants, to be summoned forthwith to appear before said court or justice, as a garnishee or garnishees; and said court, or justice of the peace, shall examine and proceed against such garnishee or garnishees, in the same manner as is required by law against garnishees in original attachments.

SEC. 39. No proceedings against a garnishee or garnishees shall be quashed or set aside, or said garnishee or garnishees discharged on account of any insufficiency of the original affidavit or summons, if the plaintiff or plaintiffs, or other credible person, for him, shall cause a legal and sufficient affidavit to be filed, or the summons to be amended in such time and manner as the courts or justices of the peace shall, respectively, in their discretion direct; and in that event, the cause shall proceed as if such proceedings had originally been sufficient.

SEC. 40. The collection of the judgments of courts of record shall not be delayed or hindered by the death of the plaintiff or person in whose name the judgment shall exist; but the executor or administrator, as the case may be, may cause the letters testamentary or of administration to be recorded in the court in which the judgment exists; after which, execution may issue and proceedings be had thereon in the name of the executor or administrator, as such, in the same manner that could or might be done or had, if the judgment exists and remains in the name and in favor of the executors or administrators, in his, her or their capacity as such executor or administrator.

SEC. 41. The lien created by law on property shall not abate or cease by reason of the death of any plaintiff or plaintiffs; but the same shall survive in favor of the

executor or administrator of the testator or intestate, whose duty it shall be to have the judgment enforced in manner aforesaid.

SEC. 42. When it shall be necessary in order to secure the collection of any judgment in favor of any executor or administrator, it shall be the duty of such executor or administrator to bid for and become the purchaser of real estate at sheriff's sale; which real estate so purchased shall be assets in his hands, and may be again sold by him upon the order of the court of probate, and the moneys arising from such sale paid over and accounted for as other moneys in his hands.

SEC. 43. Nothing contained in this chapter shall be construed so as to repeal or affect in anywise, the operation of an act entitled "An act regulating the sale of property on judgments and executions," approved, January 6, 1843.

APPROVED: March 3, 1845.

CHAPTER LVIII.

JURORS.

SECTION

1. Who competent to be jurors; who incompetent.

2. Grand jury, how selected and summoned.

3. Foreman; his duties in swearing witnesses,
finding bills, &c.

4. Form of oath of foreman and other grand jurors.
5. On what evidence presentments may be made.
6. Petit jury, how selected and summoned.
7. When court sits two weeks, forty-eight petit
jurors to be selected.

8. Duty of clerk in impanneling jury.

9. Sheriff to summon jury and make proper returns; penalty for neglecting.

10. If sufficient jurors do not attend, talesmen may be taken.

SECTION 1. All free white male taxable inhabitants in any of the counties in this State, being natural born citizens of the United States, or naturalized according to the constitution and laws of the United States, and of this State, between the ages of twenty-one and sixty years, not being judges of the supreme or circuit court, county commissioners, judges of probate, clerks of the circuit or county commissioners' court, sheriffs, coroners, postmasters, licensed attorneys, overseers of the high way, or occupiers of mills, ferries, toll-bridges or turnpike roads, being of sound mind and discretion, and not subject to any bodily infirmity, amounting to a disability, shall be considered and deemed as competent persons, (except in cases where legal disabilities may be imposed for the commission of some criminal of fence,) to serve on all grand and petit juries, in and for the bodies of their counties respectively.

SEC. 2. It shall be the duty of the county commissioners' court in each of the counties in this State, wherein a circuit court is directed to be holden, at least

twenty days before the sitting of such court, to select twenty three persons, possessing the qualifications aforesaid, and as nearly as may be a proportionate number from each township in their respective counties, and to cause their clerk, within. five days thereafter, to issue and deliver to the sheriff, or if there be no sheriff, or he be disqualified, then to the coroner of the county wherein the court is to be held, a summons, commanding him to summon the persons so selected as aforesaid, to appear before the said circuit court, at or before the hour of eleven o'clock, A. M., on the first day of the term thereof, to serve as grand jurors, any sixteen of whom shall be sufficient to constitute a grand jury; which said summons shall be served at least five days before the sitting of the court, either by reading it to the person to be summoned, or by leaving an attested copy thereof at his last usual place of abode.

SEC. 3. After the grand jury is impanneled, it shall be the duty of the court to appoint a foreman, who shall have power to swear or affirm witnesses to testify before them and whose duty it shall be, when the grand jury, or any twelve of them, find a bill of indictment, to be supported by good and sufficient evidence, to indorse thereon "a true bill; " and when they do not find a bill to be supported by sufficient evidence, to indorse thereon "not a true bill;" and shall in either case, sign his name as foreman, at the foot of said indorsement; and shall also in each case in which a true bill shall be returned into court as aforesaid, note thereon the name or names of the witness or witnesses, upon whose evidence the same shall have been found.

SEC. 4. Before the grand jury shall enter upon the discharge of their duties, the following oath shall be administered to the foreman, to-wit: "You, as foreman of this inquest, do solemnly swear, (or affirm, as the case may be,) that you will diligently inquire into, and true presentment make of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge touching the present service; you shall present no person through malice, hatred or ill will; nor shall you leave any unpresented through fear, favor or affection, or for any fee or reward, or for any hope or promise thereof; but in all your presentments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding: So help you God." And the following oath or affirmation shall be administered to the other jurors, to-wit: "The same oath that A. B., your foreman, has just taken before you on his part, you and each of you shall well and truly keep and observe on your respective parts: So help you God."

SEC. 5. No grand jury shall make presentments of their own knowledge, upon the information of a less number than two of their own body, unless the juror giving the information is previously sworn as a witness, in which case, if the evidence shall be deemed sufficient, an indictment may be found thereon, in like manner as upon the evidence of any other witness, who may not be of the jury.

SEC. 6. It shall also be the duty of the county commissioners' court in each of the counties in this State, wherein a circuit court is directed to be held as aforesaid, at least twenty days before the sitting of such court as aforesaid, to select twentyfour persons possessing the qualifications aforesaid, who shall compose and constitute two full petit juries, to serve as such at the next succeeding term of the circuit court, in each county respectively, to be summoned in like manner as is hereinbefore directed in the case of grand juries.

SEC. 7. The county commissioners' courts of the several counties in which the circuit courts are allowed to sit two weeks, are authorized to select forty-eight qualified jurymen, to serve as petit jurors during the term of the circuit court, twenty-four of whom shall be selected to serve during the first week of the court, and summoned to attend on the first day of the term; and twenty-four shall be selected to serve during the second week of the term, and summoned to attend on the second Monday of the term.

SEC. 8. It shall be the duty of the clerk of the circuit court at the commencement of each term, to write the name of each petit juror on a separate ticket, and put the whole into a box or other place for safe keeping; and as often as it shall be necessary to impannel a jury, the clerk, sheriff or coroner shall, in the presence of the court, draw by chance, twelve names out of such box or other place, which shall designate the twelve to be sworn on the jury, and in the same manner for the second jury, in their turn, as the court may, from time to time, order and direct.

SEC. 9. In all cases where any sheriff or other officer shall be commanded to execute any summons as aforesaid, he shall be required to make return thereof on or before the return day to the clerk who may have issued the same, with an indorsement thereon, certifying on whom it has been executed, and the time when; and in default of so doing, such sheriff or other officer shall be considered as guilty of a contempt, and may be fined for the use of the proper county, in any sum not less than ten, nor more than fifty dollars, unless such sheriff or other officer shall seasonably make his excuse, to the satisfaction and acceptance of the court.

SEC. 10. If a sufficient number of grand or petit jurors, when selected and summoned as aforesaid, shall not appear, or if by reason of challenges, or any other cause, there shall not be a sufficient number of qualified persons to make up the pannel, the court may order the sheriff to return without delay, such number of good and lawful men of the county as may be necessary for that purpose; and when the sheriff is interested, or related to either of the parties, the court may direct the coroner, to make such return; and if any circuit court should at any time sit before the county commissioners' court shall have made a selection of grand or petit jurors as aforesaid, or if on any account the whole pannel in either case shall fail to attend, the court may order the sheriff or other officer to summon from the bystanders, being qualified persons as aforesaid, a sufficient number to supply such deficiency, who shall continue to serve for the remainder of the term, unless they shall be sooner discharged by the court.

SEC. 11. Every person who shall fail to attend, when lawfully summoned to appear as a grand or petit juror as aforesaid, without having a reasonable excuse, shall be considered as guilty of a contempt, and shall be fined by the courts respectively, in any sum not less than five nor more than twenty dollars, for the use of the proper county, unless good cause be shown for such default, at or before the next term of such court; and it shall be the duty of the clerk to issue a summons against all such delinquents (where such persons shall not come in without process) to show cause at the next succeeding term of such court, why he or they should not be fined for such contempt; at which, or any subsequent term, the court shall proceed to assess said fine, unless the person or persons so summoned and failing to attend as aforesaid, shall appear and show good cause for such delinquency: Provided, That the oath or affirmation of any such delinquent shall at all times be received as competent evidence in his favor.