prosecuting at. fied, shall be impanneled as a grand or petit juror, it shall be on challenge of a good cause of challenge to such juror, who shall be discharg- torney ed on the same being verified according to law, or on his own oath or affirmation in support thereof. jury Sec. 11. That an oath or affirmation, in the following words, shall be administered to the foreman of the grand jury: "Sav- Form of oath to ing yourself and fellow jurors, you, as foreman of this grand in- foreman of grand quest, shall diligently inquire, and true presentment make, of all" such matters and things as shall be given you in charge, or otherwise come to your knowledge, touching the present service: the counsel of the State, your own and your fellows, you shall keep secret unless called on in a court of justice to make disclosures: you shall present no person through malice, hatred, or ili will; nor shall you leave any person unpresented through fear, favor, or ailection, or for any reward or hope 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 understan ing." Form of oath to rors Sec. 12. That the following oath or affirmation shall be administered to the other grand jurors: "The same oath which A. B. your foreman, hath now taken before you on his part, you other grand ju and each of you shall weil and truly observe, and keep on your respective parts." The said fifteen persons summoned, and sworn or affirmed as aforesaid, shall be a grand jury, who shall inquire of, and present all murders, felonies and other crimes Daty of grand and misdemeanors whatever, committed within the limits of the county, in and for which they are impanneled and sworn or af firmed: Provided, That it shall require twelve of said jurors to twelve necessary agree, before any bill of indictment or presentment shall be to find a bill found. jury Concurrence of ror discharged, Sec. 13. That in case of sickness, death, discharge, or When grand jus non-attendance of any grand jurors, after he or they shall be another sworn sworn or affirmed, it shall be lawful for the court at their dis- in his stead cretion, to cause another or others to be sworn or affirmed, in his or their stead. challenged Sec. 14. That if there shall be impanneled for the trial of Causes for which any cause, any petit juror who shall have been convicted of a juror may be any crime, which by law renders him disqualified to serve on jury; or who has been arbitrator on either side, relating to the same controversy; or who has an interest in the cause; or who has an action depending between him and the party; or who has formerly been a juror in the same cause; or who is the party's master, servant, counsellor, steward, or attorney; or who is subponed in the cause as a witness; or who is akin to either party; he may be challenged for such causes: in either of which cases the same shall be considered as a principal challenge, and the validity thereof be tried by the court: and any petit juror who shall be returned upon the trial of any of the causes herein before specified, against whom no principal cause of challenge can be alledged, may nevertheless be challeng N Two may challenged emptorily each party ed on suspicion of prejudice against, or partiality for, either par ty; or for want of a competent knowledge of the English lan be guage, or any other cause that may render him at the time an per unsuitable juror; and the validity of such challenge shall be determined by the court, and each party may peremptorily challenge two jurors. by the trial of an indictment. Sec. 15. That every prosecuting attorney, and every defendThe same upon ant upon the trial of an indictment, may challenge peremptorily two of the pannel; and if any person prosecuting on behalf of the State, shall in behalf of the State, challenge any petit juror, except as aforesaid, he shall immediately assign the cause of such challenge, and the truth thereof shall be in quired into, and decided upon in the same manner as the challenge of other persons is by law inquired into and decided. For what the ar Yenged Sec. 16. That when a grand or petit jury shall be selected, ray may be chal- drawn, or summoned contrary to the provisions of this act; or where the sheriff, or other officer, in executing the writ of venire facias to him directed, shall not have proceeded as hereinbefore prescribed, then, and in either of those cases, the whole array of the jury may be challenged and set aside, and a new venire facias be awarded, returnable forthwith, in the same manner as if the whole number of grand or petit jurors had failed to attend the court, or had been challenged for cause and set aside by the court. When sheriff is nire may issue to coroner terested, venire Sec. 17. That when the sheriff is interested in any cause interested, ve- which now is or hereafter may be pending, in either the supreme court or court of common pleas, the party in interest opposed to that of the sheriff may apply to the court, who, on such application, shall direct a special venire facias to the coroner of the county, commanding him to summon a jury, having the qualifications herein before pointed out, to try such cause; and where both the sheriff and coroner are interested as aforeWhen both in said, or in case of the death, resignation, or absence from the to issue to such county, of both the sheriff and coroner, then, and in either of person as court those cases, the venire facias or other process may be directed to such discreet, disinterested person as the court may name. Sec. 18. That when by reason of any pressure of business, the jary of by stand court shall deem it necessary to have two petit juries; or when, ers may be re by reason of absence, sickness, challenge or otherwise, there be none remaining of the petit jurors selected and summoned as herein before provided, then, and in either of those cases, the supreme court and courts of common pleas, respectively, may order the sheriff or other officer, to return a jury of by-standers, or neighboring citizens, having the qualifications as aforesaid. may name In what cases a turned Jury may have view of lands Sec. 19. That it shall be lawful for the supreme court or court of common pleas, in which any action is or shall be depending, or where it shall appear to the court to be proper or necessary that the jurors who are to try the issue in said action should have a view of the messuages, lands, or place in ques-. tion, in order to their better understanding the evidence that pose may be given on the trial of such issue, to order a special writ Distringas to isof distringas, or habeas corpora juratorum, to issue, by which su for that putthe sheriff or other officer to whom the same shall be directed, shall be commanded to have six or more of the first twelve jurors named in the pannel to which such writ is annexed, at the place in question, who, then and there, shall have the matters in question shown to them by the two persons named in said writ, to be appointed by the court; and the sheriff or other officer who is to execute said writ, shall, by a special re- View to be certi; turn on the same, certify under his hand that the view hath fed by sheriff been made according to the command of said writ. costs See. 20. That the expenses of taking the said view shall be costs of view to taxed in the bill of costs, and that no evidence shall be given be taxed in bin of on either side at the time of taking thereof: Provided always, That in case no view shall be had, or if a view shall be had by Proviro any of said jurors, whether they shall happen to be any of the six or more of the twelve jurors who shall first be named in said writ, or not, yet the said trial shall proceed; and no objection shall be made on either side for want of a view, or for that it was not had by any particular number of the jurors named in said writ, or for want of a proper return to said writ. Sec. 21. That it shall be lawful for the supreme court and courts of common pleas, respectively, on motion on behalf of Struck jury the State, or of any prosecutor or defendant, in any indictment, or of any plaintiff, demandant, avowant, tenant or defendant, in any action or suit depending, or to be depending, before them, and triable by a jury of twelve men, to order a jury to be struck for the trial thereof: but this provision shall not extend to any indictment for any offence where the party is entitled to challenge peremptorily, or without cause shown, more than two. Manner of stri Sec. 22. That whenever a struck jury shall be ordered by the supreme court or court of common pleas, the party applying king a jury for such struck jury shall give eight days' previous notice to the opposite party, and to the clerk of said court, of the time of striking such jury; at which time the clerk of said court shall attend at his office, and shall, in the presence of the parties, or such of them as shall attend for that purpose, select from the number of persons qualified to serve as jurors within the county, forty such persons as he shall think most indifferent between the parties, and best qualified to try such cause: and then the party applying, his agent or attorney, shall first strike one of the names; and then the opposite party, his agent or attorney, another; and so alternately, until each shall have struck out twelve: but if such opposite party shall not attend to such striking, or any person on his behalf, then the said clerk shall strike for the party not attending; and when each shall have struck out twelve as aforesaid, the clerk of said court shall make a fair copy of the names of the remaining sixteen persons, and certify the same, under his hand, to be the list of jurors struck as aforesaid, for the trial of such cause or issue; List of struck which list shall be delivered to the sheriff or other officer, togejury to be annex. ther with the venire facias: and such sheriff or other officer, ed to venire shall thereupon annex the same list to such venire, and summon them according to the command of said writ; and upon the trial of the said cause, the jury so struck shall be called as they stand upon the pannel; and the first twelve of them who shall appear, and are not challenged, or shall be found duly qualified and indifferent, shall be the jury, and sworn to try said cause. When, the clerk Sec. 23. That if the clerk of such court shall be interested is interested, in the cause, or related to either of the parties; or if it shall persons to strike appear probable to the court that he is not indifferent between a jury court to name them; then, in every such case, the court shall nominate two proper persons who are indifferent between the parties, to strike the jury, who shall do and perform every thing required Jury to be struck to be done by such clerk, relating to the striking of such jury: and, in all cases, the day appointed for striking such jury, shall be at least thirty days previous to the sitting of the court. 30 days before court Costs of struck paid Sec. 24. That the party applying for such struck jury, shall jury, by whom pay the fees for striking the same, and one dollar per day for each juror so attending; and shall not have any allowance therefor in the taxation of costs, unless the court shall be of opinion that the cause required such special jury; in which case, the extraordinary expense shall be taxed in the bill of costs. Jury may give Sec. 25. That no jury shall, in any case, be compelled to special verdict give in a general verdict, so that they find a special verdict, and show the truth of the fact, and require the aid of the court; but if of their own will they give a general verdict, the same shall be received. No compensa Sec. 26. That the sheriff and trustees, or judges of election, tion for duties (as the case may be) shall not receive any compensation for the under this act performance of the duties required by the provisions of this act, other than what are now allowed by law for notifying and attending elections, and making returns thereof. Penalty for ne glect of duty under this act Acts repealed Sec. 27. That if either of the officers named in this act, Ishall neglect or refuse to perform any of the duties herein required, according to the true intent and meaning hereof, be shall, on conviction thereof before any court of competent jurisdiction, be fined in a sum not exceeding fifty dollars; which shall be collected as other fines are collected, and paid into the county treasury. Sec. 28. That the act relating to juries, passed January ninth, eighteen hundred and twenty-four, and the act amendatory thereto, entitled "An act relating to juries," passed Fcbruary eleventh, eighteen hundred and twenty-eight, be, and they are hereby, repealed. This act shall take effect, and be in force, from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. SAMUEL R. MILLER, February 9, 1831. Speaker of the Senate. AN ACT regulating Judgments and Executions. Sec. 1. Be it enacted by the General Assembly of the State of, Lands, goods, Ohio, That lands, tenements, goods and chattels, shall be sub- &c. subject to ject to the payment of debts, and shall be liable to be taken in the payment of execution and sold, as hereinafter provided. debis Lien of judg Sec. 2. That the lands and tenements of the debtor shall be bound for the satisfaction of any judgment against such debtor, men's on lands from the first day of the term at which judgment shall be ren- goods, etc dered, in all cases where such land lies within the county where the judgment is entered; and all other lands, as well as goods and chattels, of the debtor, shall be bound from the time they shall be seized in execution. Command of Sec. 3. That the writ of fieri facias issuing from any court of record in this State, 'shall command the officer to whom it is fieri facias directed, that of the goods and chattels of the debtor he cause to be made the money specified in the writ; and, for want of goods and chattels, he cause the same to be made of the lands etc. to be indor and tenements of the debtor: and the exact amount of the Amount of debt, debt, damages, and costs, for which the judgment is entered, sed thereon shall be indorsed on the execution. ecutions Sec. 4. That when two or more writs of execution against In what cases no the same debtor, shall be sued out during the term in which preference shall judgment was rendered, or within ten days thereafter, and be given to ex when two or more writs of execution against the same debtor, shall be delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money is not made to satisfy all executions, the amount made shall be distributed to the several creditors in proportion to the amount of their respective demands: in all other cases, the writ of execution first delivered to the officer, shall be first sa- execution tisfied; and it shall be the duty of the officer to indorse on delivered every writ of execution, the time when he received the same: Provided, That nothing herein contained, shall be so construed as to affect any preferable lien, which one or more of the judg ments, on which such execution issued, may have, on the lands of the judgment debtor. In other satisfied cases first first Proviso as to lien on lands Sec. 5. That the officer to whom a writ of execution is deli- Goods and chatvered, shall proceed immediately to levy the same upon the tels to be first |