432. [=When imprisonment is a part of the punishment a jury
shall be impaneled.=] In prosecutions before a justice, police judge
or mayor, when imprisonment is a part of the punishment if a trial
by jury is not waived the magistrate, not less than three days nor
more than five days before the time fixed for trial, shall certify
to the clerk of the court of common pleas of the county that such
prosecution is pending before him. (R.S. Sec. 3718a.)

Sec. 13433. [=Clerk's duties.=] Thereupon the clerk, in the presence
of representatives of both parties, shall draw from the jury wheel
or box containing the names of persons selected to serve as petit
jurors in the court of common pleas in such county, twenty names
which shall be drawn and counted in a like manner as for jurors in
the court of common pleas. The clerk shall forthwith certify the
names so drawn to the magistrate, who, thereupon, shall issue to any
constable, chief of police or marshal in the county a venire
containing the names of the persons to serve as jurors in the case
and make due return thereof. (R.S. Sec. 3718a.)

Sec. 13434. [=Jurors.=] The jurors shall be subject to like
challenges as jurors in criminal cases, except capital cases in the
court of common pleas. If the venire is exhausted without obtaining
the number required to fill the panel, the magistrate shall fill the
panel with talesmen in the manner provided for criminal cases in the
court of common pleas. (R.S. Sec. 3718a.)

Sec. 13435. [=Second or subsequent offense.=] In such prosecutions,
where a different punishment is provided for a second or subsequent
offense, the information or affidavit upon which the prosecution is
based, must charge that it is the second or subsequent offense or
the punishment shall be as for the first offense. (R.S. Sec. 3781a.)

Sec. 13436. Repealed. (108 O.L., 1203.)

Sec. 13437. [=New trial.=] In such prosecutions, if there is a
verdict for conviction, a new trial may be granted for like reasons
and subject to like conditions as a new trial in criminal cases in
the court of common pleas. (R.S. Sec. 3718a.)

Sec. 13438. [=Fees of jurors and witnesses.=] In such prosecutions,
the jurors shall be entitled to the same mileage and fees as in the
criminal cases in the court of common pleas. (R.S. Sec. 3718a; Am.
108 O.L., 1221.)

Sec. 13439. [=Costs.=] In such prosecutions, no costs shall be
required to be advanced or secured by a person authorized