DISTRICT OF MASSACHUSETTS, TO WIT: BE it remembered, That on the thirteenth day of September in the thirty-fifth year of the Independence of the United States of America, WILLIAM CHARLES WHITE, of the said dis trict, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit: “A COMPENDIUM and DIGEST of the LAWS OF MASSACHUSETTS, BY WILLIAM CHARLES WHITE, Counsellor at law. "Misera servitus est, ubi jus est vagum, aut incogni tum." Vol. III.... Part. I. In conformity to the act of the Congress of the United States, intitled, “An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such copies, during the times therein mentioned;" and also to an act intitled, "An act supplementary to an act, intitled, an act for the encouragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies during the times therein mentioned; and extending the benefits thereof to the Arts of Designing, Engraving, and Etching Historical, and other Prints." WILLIAM S. SHAW, Clerk of the District of Massachusetts. DIGEST OF THE LAWS OF MASSACHUSETTS. TITLE XCIII. JURY. 1. THE regulation of jury lists, and jury boxes; and herein of the persons exempted from serving as jurors. 2. Of jury districts; and herein of the duty of clerks of courts in reference to issuing venires. 3. Of the time for which grand jurors shall serve; and when venires for such jurors shall issue. 4. Duty of sheriffs in regard to venires. 5. Mode of drawing jurors; and herein of the manner of notifying such jurors of their selection; and the return of the venire. 6. Proceedings in case of a deficiency of jurors. 7. Of juries to view. 8. Mode of impannelling the grand jury; and herein of the election of the foreman, and his power to swear witnesses. 9. Mode of impannelling the traverse and petit juries; and herein of the election of the foremen. 10. Jurors' fees. 11. Of provisional jurors. 12. Duty of constables in regard to venires. Stat. Mar. 12, 1808. Jury boxes. Jury lists. 13. The oaths of jurors. 14. Power and duty of jurors. 15. Proceedings in case a juror is suspected of prejudice in the cause; or where the party who obtains a verdict, has given entertainment to any of the jurors. 16. Fines for neglect of duty in towns, officers and jurors, relative to the provisions of the statute. 17. How such fines shall be recovered and appropriated. I. The regulation of jury lists, and jury boxes; and herein of the persons exempted from serving as jurors. By statute it is enacted, that the selectmen of each town in this commonwealth shall provide, and at all times cause to be kept, in their respective towns, two jury boxes, and shall, before the first day of May then next, and once at least in every three years afterwards, prepare a list of such persons, under the age of seventy years, in their respective towns, as they shall judge well qualified to serve as jurors, being persons of good moral character, and qualified, as the constitution directs, to vote in the choice of representatives; excepting the governor, lieutenant-governor, counsellors, judges and What persons are exempted from serving clerks of the common law courts, secretary and treasurer as jurors. of the commonwealth, loan officer and revenue officers, judges of probate, registers of probate, registers of deeds, settled ministers, officers of any college, preceptors of academies, sheriffs and their deputies, marshals and their deputies, counsellors and attorneys at law, justices and clerks of the courts of sessions, physicians, surgeons, criers of the courts, constables, and constant ferry-men. Ibid. Second list. And from the persons whose names shall be borne on the above-mentioned list, the selectmen shall prepare another list, to consist of one quarter part of those persons contained in the first, and who shall be best qualified to serve as grand jurors at the court of common pleas, and grand jurors and jurors for trials at the supreme ju dicial court, which last set shall be called traverse jurors ; and the selectmen shall also make a third list, to consist of one half of the remaining part of the first list, and to include such persons as shall be best qualified to serve as petit jurors, at the court of common pleas. Third list. Ibid. Regulation of jury And having written the names of the persons composing the second and third lists aforesaid, on separate pieces of paper, to be called tickets, the selectmen shall boxes. place the tickets having the names contained on the second list, in one box, to be called the general and traverse jury box, and the tickets having the names contained on the third list, in the other box, to be called the petit jury box, and shall then lay the whole of their doings before the town for a revision, who shall confirm or make such alterations in either of the said three lists as they may judge proper, always conforming the respective lists and boxes to the alterations, should any be made. Ibid. How often a juror shali serve. And the persons whose names shall be thus placed and continued in these boxes, shall be liable to be drawn to serve on one of the juries aforesaid, once in every three years, and not oftener; the said lists to be preserv- Custody of the lists ed in the possession of the selectmen, and the boxes in the custody of the town clerk. and boxes. Ibid. s. 2. But if any person whose name shall be in either of the boxes aforesaid, shall be convicted of any scandalous crime, or be guilty of any gross immorality, his name convicted of crimes, shall be withdrawn from the box, by the selectmen. II. Of jury districts; and herein of the duty of clerks of courts, in reference to issuing venires. Names of persons etc. to be withdrawn from the box, Ibid. s. 3. Counties to be divid By the same statute, the courts of sessions in the several counties, excepting the counties of Suffolk, Dukes county, and Nantucket, shall, previously to the first day ed into districts. of June then next, and for ever afterwards, within one year next after every new census, and as much oftener as any considerable change in the state of population shall |