order upon each person whose name was selected and drawn as a petit juror by reading or delivering a copy of the same to the person summoned, or by leaving a copy at his residence, except the copy shall contain only the name of the person serving and not the name of any other petty juror. And when a grand jury is ordered and summoned service of the said order shall be made on each person in the same manner as is provided herein for service on a petit juror. History.-Laws 1905, S. F. 108, sec. 4; in force November 1.

When juror report.

1677. Each grand or petit juror shall appear before the court on the day and hour specified in the summons, and shall remain in attendance as a juror during the entire term of said court unless excused by the judge thereof.

History.-Laws 1905, S. F. 108, sec. 5; in force November 1.

How special venire selected.

1678. Whenever the proper officers fail to summon a grand or petit jury or when all persons summoned as grand or petit jurors do not appear before the district court or whenever at any general or special term or at any period of the term, there is a need of a panel of grand jurors or petit jurors or the panel is not complete, or in the judgment of the court there may be a necessity for a special venire the judge of said court may order the sheriff or deputy sheriff, clerk of the district court or his deputy and county clerk or his deputy to again reconvene and publicly select a jury as provided in section 2 of this act.

History.-Laws 1905, S. F. 108, sec. 6; in force November 1.

How additional jurymen selected.

1679. If in the empaneling of a grand or petit jury in the district court it shall appear that there is a deficiency in the panel of either, to the amount of six by reason of sickness, disability, or failure to attend, or being engaged on a jury in the consideration of another cause in said court, then, in that case it shali be proper for any litigant himself or through his agent or attorney, to object to the completion of the panel of either said grand or petit jury from the bystanders, and in case said objection is so made, then, in that case, the district judge shall order the district clerk or his deputy, the sheriff or his deputy, the county clerk or his deputy, to publicly select a sufficient number of persons as provided by section 3 of this act, from which the deficiency in said grand or petit jury shall be supplied. In all other cases, except as provided by this section, in which there may be a deficiency in the panel of either the grand or petit jury, the sheriff or his deputy, or in case of bias or partisanship of the sheriff or his deputy, then, a suitable person appointed by the court shall fill the panel by selecting persons from outside of the court house who have the qualifications of jurors as provided by section 2 of this act.

History.-Laws 1905, S. F. 108, sec. 7; in force November 1.

Grounds of challenge to jurors.

1680. It shall be sufficient cause for challenge to the empaneling of any grand or petit juror or any member, that he is a lawyer, doctor, minister of the gospel, postmaster, carrier of mails, minor, over sixty years of age, interested in the event of the suit, related by marriage or in blood within the third degree to any person charged with crime or having a suit pending in court, being convicted of any crime, engaged in any immoral business or a person of gross immorality, or that he has solicited any officer or person to select him as a juror in any case, served as a juror in the district court within the last two years, or that he has had consultation with any party to a suit about to be tried or otherwise interested

himself in the event of the suit, or that he has permitted himself to be talked to about any pending litigation that has in any manner influenced his judgment as to the merits of any controversy.

History.-Laws 1905, S. F. 108, sec. 8; in force November 1.

Clerk notify board to select first jury under this act.

1681. If in any county after the taking effect of this act, twenty days intervene between that time and the next session of the district court of said county, then, it shall be the duty of the clerk in all counties to notify the board of jury commissioners provided for by this act to forthwith appear and select the names to be used as jurors as provided for in section 2 of this act, and the names so selected shall constitute the names from which jurors shall be drawn for the remaining portion of the year in all counties of this state.

History.-Laws 1905, S. F. 108, sec. 9; in force November 1.

Secs. 1686, 1687, 1688, 1689, 1690, 1691, 1692, 1693, 1694, 1695, 1696, 1697, 1698 repealed conditionally. Laws 1905, H. R. 118; in force March 3.

Secs. 1686 to 1698. An act to provide for the manner of selecting, drawing, and summoning grand and petit jurors in counties having a population of thirty thousand (30,000) or more, to prescribe the qualifications of such jurors, to provide for the punishment of persons seeking to serve as jurors, or seeking to have other persons selected as jurors; to provide for the manner of selecting, drawing and summoning grand and petit jurors in counties having a population of thirty thousand (30,000) or more, and less than sixty thousand (60,000), and to repeal secs. 7249, 7250, 7251, 7252, 7253, 7254, 7255, 7256, 7257, 7258, 7259, 7260, and 7261 of the Compiled Statutes of Nebraska of 1903; title XIX-Juries, Compiled Statutes of Nebraska of 1903, and also to repeal secs. 7238, 7239, 7240, 7241, and 7245 of the said Compiled Statutes of Nebraska for 1903, so far as respects counties having a population of (30,000) thirty thousand or more; and also so far as respects counties having a population of thirty thousand (30,000) or more and less than sixty thousand (60,000), and all acts and parts of acts in conflict herewith. Kyd's jury bill. 1905, H. R. 118; in force conditionally March 3.

County board make lists for jury service.

1686. That the county board of commissioners or supervisors of counties having a population of thirty thousand (30,000) or more, shall at or before its meeting in January in each year, or at any time thereafter when necessary for the purposes of this act, make a list of a sufficient number, not less than one fifteenth of the legal voters of each township or precinct in the county, giving the place of residence of each name on the list to be known as the jury list. Provided, That in counties having a population of thirty thousand (30,000) or more, and less than sixty thousand, (60,000) the county board of Commissioners or supervisors, shall, at or before its meeting in January of each year, or at any time thereafter, when necessary for the purposes of this act, make a list of a sufficient number, not less than one-tenth of the legal voters of each township or precinct in the county, giving the place of residence of each person whose name appears on the said list; the said list to be known as the jury list.

History.-Laws 1905, H. R. 118, sec. 1; in force conditionally March 3.

How county board select names.

1687. In making such jury list, the county board shall choose a proportionate number from the residents of each township or precinct, and shall take the names of such only as are in the opinion of the board: First-Inhabitants of the town or precinct not exempt from serving on juries. Second-Of the age of twentyone years or upwards, and under sixty years old. Third-In the possession of their natural faculties. Fourth-Free from all legal exceptions and exemptions,

of fair character, of approved integrity, of sound judgment, well informed, and who understand the English language.

History.-Laws 1905, H. R. 118, sec. 2; in force conditionally March 3.

When board select list at subsequent meeting.

1688. If, for any reason, the jury list provided for in the foregoing sections of this act, shall not be made at the inceting of the board held at the time specified, such jury list shall be made at any meeting to be held as soon thereafter as may be. History-Laws 1905, H. R. 118, sec. 3; in force conditionally March 3.

District clerk furnish county clerk list of persons serving.

1689. The clerk of the District Court in each county shall at the end of each term of court, furnish the county clerk a list of all persons who have served as petit jurors during the term. All jurors on the regular panels shall serve during the weeks or term for which they were drawn and until discharged from the case in which they may be serving, if any, at the expiration of such time, unless sooner excused by the court.

History.-Laws 1905, H. R. 118, sec. 4; in force conditionally March 3.

County board destroy old and make new list in January.

1690. Said County Board shall annually, at their first meeting in January, destroy the list of names of jurors not yet withdrawn from said jury list and prepare another jury list in the manner provided in preceding sections of this act. History.-Laws 1905, H. R. 118, sec. 5; in force conditionally March 3.

County clerk keep list, put names on ticket.

1691. A list of jurors so selected shall be kept in the office of the County Clerk, who shall write the name and residence of each person selected upon a separate ticket and put the whole into a box or wheel, for that purpose. History.-Laws 1905, H. R. 118, sec. 6; in force conditionally March 3.

Jurors drawn from list-How notified.

1692. At least twenty (20) days before the first day of any trial term of the District Court, the clerk of such court shall appear at the office of the County Clerk, and in the presence of such County Clerk, and at least one of the Judges of the District Court, after the box or wheel containing said names has been well shaken by the County Clerk, and without partiality, draw thirty (30) names of persons then residents of said county, for each judge sitting with a jury in said court, as petit jurors for the first three weeks of that term, unless such court shall otherwise order, and said clerk shall immediately after such drawing, post in a conspicuous place in his office the names of the persons so drawn, and shall also immediately notify said persons by registered letters of the fact of their having been drawn as jurors, which notice shall command them to appear at the place of holding such court at the hour of ten (10) A.M. of the first (1st) day of the term of said court, or of such subsequent day of said term as the judge shall direct. If any person so drawn shall fail to appear at said time and place, the court shall order the clerk to issue a summons for him to appear forthwith, which shall be served as provided in section seventy-two forty-two (7242) of the Compiled Statutes of Nebraska for 1903, [1679] and unless such person upon his appearance shall make it satisfactorily appear to the court that he had no actual notice that he was drawn as a juror, and required to report as aforesaid, he shall be taxed with the costs of such service which shall be entered as a judgment against him, in favor of the state, and when collected shall be turned over to the treasurer of said county. The Court shall examine all jurors so drawn who appear, and if more than twenty-four (24) petit jurors for each judge sitting with a jury who

are qualified and not subject to any exemptions, or any of the disqualifications. provided in this act shall appear and remain after all excuses are allowed, the court shall discharge by lot the number in excess of twenty-four (24) for each judge sitting with a jury. At the same time and in the same manner, the clerk of said court shall also draw the same number of names as petit jurors for the second three weeks of that term of jury service, and the persons so drawn shall be notified and summoned the same as those first drawn, and during the term, the court shall direct the clerk to draw, notify and summon other petit jurors in the manner described, as often as the length of the term may require; Provided, that should said clerk draw from the said box the name of a person whom he may know to be dead, or to have removed from the county, it shall be the duty of the said clerk to report the name of such person to the county clerk, and said clerk of such court shall draw other names until the required number shall have been selected; Provided, also, that whenever there shall be pending for trial in said court, any criminal cause wherein the defendant is charged with a felony and the judge holding said court shall be convinced from the circumstances of the case that a jury cannot be obtained from the regular panel to try said cause, said Judge may in his discretion prior to the day fixed for the trial of said cause, direct the clerk to draw (in the same manner as the original panel was drawn) such number of names as the judge may direct, as a special panel from which a jury may be selected to try said cause, which panel shall be notified and summoned for said day the same as the regular panel.

History.-Laws 1905, H. R. 118, sec. 7; in force conditionally March 3.

Grand jury-How drawn--How notified.

1693. If a grand jury shall be required by law, or by order of the judge for any term of court, it shall be the duty of the Clerk of the District Court of the County wherein such court is directed to be holden, at least twenty (20) days before the sitting of such court, to repair to the office of the county clerk, and there in the manner provided in the preceding section for drawing petit jurors, draw twenty-three (23) names of persons then residents of said county, out of the box or wheel containing the names of said jury list and the said clerk shall also immediately notify or summon the persons so drawn in the manner herein provided for notifying and summoning petit jurors to appear before such court, at or before the hour of 11 o'clock A.M., on the first day of the term, or upon such other day as the judge shall direct, to serve as grand jurors for such term. The judge shall examine the jurors who appear, and if more than sixteen grand jurors who are qualified and not subject to any exemptions or any of the disqualifications provided in this act shall appear and remain after all excuses are allowed, the Sheriff or deputy Sheriff in the presence of the judge shall draw by lot the names of the number in excess of sixteen, who shall be discharged by the court; and the sixteen (16) remaining shall constitute the grand jury.

History-Laws 1905, H. R. 118, sec. 8; in force conditionally March 3.

Vacancies impaneled-How filled.

1694. If for any reason the panel of petit jurors shall not be full at the opening of such court, or at any time during the term, the clerk of such court, shall when ordered by the judge, again repair to the office of the county clerk, and draw in the same manner as at the first drawing, such number of jurors as the judge shall direct, to fill such panel, who shall be notified and summoned in the same manner as the others, and, if necessary, jurors may continue to be so drawn, notified and summoned from time to time until the panel shall be filled. In case a jury shall be required in such court for trial of any cause, before the panel shall

be filled in the manner herein provided, the court may direct the Sheriff to summon from the bystanders, or from the body of the county, a sufficient number of persons having the qualifications of jurors, as provided in this act, to fill the panel, in order that a jury to try such cause may be drawn therefrom, and when such jury is drawn, the persons selected from the bystanders, or from the body of the county, to fill the panel, and not chosen on the jury, shall be discharged from the panel, and those who shall be chosen to serve on such jury shall also be discharged from the panel at the conclusion of the trial. Provided, That persons selected from the bystanders, as provided in this section, shall not thereby be disqualified or exempt from service as jurors, when regularly drawn by the clerk for that purpose in the manner provided in this act.

History.-Laws 1905, H. R. 118, sec. 9; in force conditionally March 3.

Talesmen-When and how summoned.

1695. When by reason of a challenge in the selection of a jury for the trial of any cause, or by reason of the sudden sickness or absence of any juror for any cause, the regular panel shall be exhausted, the court may direct the sheriff to summon a sufficient number of persons having the qualifications of jurors, to fill the panel for the pending trial; But, upon objection by either party to the cause, to the Sheriff summoning a sufficient number of persons to fill the panel, the court shall appoint a special bailiff to summon such persons; provided, the same persons shall not be appointed special bailiff more than once at any term of court. Any person who shall seek the position of juror or who shall ask any attorney or other officer of the court, or other person to secure his selection as a juryman, shall be deemed guilty of a contempt of court, and be fined not exceeding twenty (20) dollars, and shall thereby be disqualified from serving as a juror for that term, and such fact shall be sufficient ground for challenge. Any attorney or party to a suit pending for trial at that term, who shall request or solicit the placing of any person upon a jury shall be deemed guilty of a contempt of the court and be fined not exceeding one hundred (100) dollars and the person so sought to be put upon the jury shall be disqualified to serve as a juror at that term of court. History.-Laws 1905, H. R. 118, sec. 10; in force conditionally March 3.

Grounds of challenge.

1696. It shall be sufficient cause for challenge of a petit juror that he lacks any one of the qualifications mentioned in section two (2) of this act; [1674] or in section seventy-two thirty-six (7236) of the Compiled Statutes of Nebraska for 1903, [1673] or if he is not one of the regular panel, that he has served as a juror on the trial of a cause in any court of record in the county within one year previous to the time of his being offered as a juror; or that he is a party to a suit pending for a trial in that court, at that term. It shall be the duty of the court to discharge from the panel, all jurors who do not possess the qualifications provided in this act as soon as the fact is discovered; provided, if a person has served on a jury in a court of record within one year, he shall be exempt from again serving during such year unless he waives such exemption; provided, further, that it shall not be a cause of challenge that a juror has read in the newspapers an account of the commission of the crime with which the prisoner is charged, if such juror shall state on oath that he believes that he can render an impartial verdict, according to the law and the evidence; and provided further, that in the trial of any criminal cause the fact that a person called as a juror has formed an opinion or impression based upon rumor or upon newspaper statements (about the truth of which he has expressed no opinion), shall not disqualify him to serve as a juror in such case, if he shall upon oath state that he believes he can fairly