districts of as equal population as may be.

Duty of she

riffs and constables.

County and Nantucket, shall previously to the first day of June next, and forever afterwards within one year next after every new census, and as much oftener as any considerable change in the state of population shall render useful and necessary, divide their respective counties into at least four jury districts, and more, if it shall be found in practice convenient, not exceeding twelve, each to contain so many adjoining towns as shall make the number of inhabitants in each division as nearly equal, according to the last census for the time being, as may be, without dividing a town, and such jury districts shall be numbered and distinguished numerically; and the said Courts of Sessions shall cause copies of such divisions to be delivered to the clerks of the respective courts, at which the course of trials is or may be by juries, who shall issue their venire facias, in due form, directed to the respective constables of as many towns in one such jury district, and for as many jurors as shall be as near as may be in proportion to the number of jurors sent for in the other districts, to serve at the same court, always collecting the grand, traverse, and petit jurors, so far as shall be practical and convenient, as uniformly from all parts of the county, as the situation of towns, the number of their inhabitants, and a practical rotation and equalization of the service of jurors will permit; never taking more than two grand, and two traverse or petit jurors from the same town, to serve at the same court, unless from necessity, some extraordinary occasion, or to equalize their services on the principles aforesaid.

Grand jurors' SECT. 4. And be it further enacted, That the grand jurors, time of service. who shall be returned to serve at the Court of Common Pleas, shall serve at every term of said court, which shall be held throughout the year, and until another jury shall be empannelled in their stead, except the county of Bristol, where they shall be required to serve twice in each year, at such times as the Court of Common Pleas for that county may direct. And venires for such a jury shall be issued forty days, at least, before the first day of March annually. And the sheriff of each county, so soon as he shall receive the venires for jurors, from the clerk of either court, shall without any delay, forward the same to the constables of the towns to whom they shall be directed; and the constables of their respective towns, on the reception thereof, shall, in the usual form, notify the freeholders. and other inhabitants, in their towns, qualified to vote in the election of representatives, and particularly the selectmen and town clerk, to assemble and be present at the draft and selection of the jurors called for; which meeting shall be held at least six days, and not more than twenty days, before the sitting of the court to which the venire shall be returnable.

Manner of selecting jury

men.

1821 ch. 110,

13.

1822 ch. 13, § 5.

SECT. 5. And be it further enacted, That when any town shall be duly assembled, in pursuance of a venire facias, for the purpose aforesaid, the town clerk, or in his absence, one of the selectmen shall carry into the meeting the box containing the names of those persons who have been selected to serve as jurymen, at the court from which the venire issued; which

box shall be unlocked, in the meeting, and the tickets mixed by the major part of the selectmen, who are to be present; and one of the selectmen shall draw out as many tickets as there shall be jurors required by venire. The persons whose names shall be thus drawn shall be returned to serve as jurors, unless from sickness, absence beyond sea, without the limits or in different parts of the Commonwealth, they shall be considered by the town as unable to attend the court for which they had been drafted, or had served on a jury within three years from that day. In either of these cases, or in case of a coroner's being drawn, at a time when the duties of a sheriff shall be devolved on him, by reason of a vacancy in that office, the persons' names being returned into the box, others shall be drawn in their stead: But any person being thus excused, or who shall be returned, and shall not appear at court, or appearing, shall be there excused, shall not be considered as serving, or be excused on another draft, should it happen within the term of three years, the minute on his ticket notwithstanding.

dorsed on the

days before

SECT. 6. And be it further enacted, That the selectmen who Date of the shall draw from the box the ticket of any person to serve as a draft to be injuror, and who shall not be excused by the town, for either of ticket. the causes aforesaid, shall endorse thereon the date of the draft, and then return the same into the box; and it shall be the duty Constables to of the constable to notify the persons thus designated to serve notify four as jurors, four days, at least, before the sitting of the court, on sitting of courf. which they are to attend, either by reading to them the venire, with the minutes of their having been drafted as aforesaid, thereon, or by leaving at their usual abode a written notification of their having been so drawn, and also of the time and place of the sitting of the court, and when they are to attend. And he shall make a seasonable return of the venire to the and make court to which it is returnable, with his doings thereon. And whenever there shall be a renewal, or an exchange of any of the tickets in either of the boxes, for others of the same persons, the selectmen shall transfer from the back of the old tickets, to the new ones, the minutes of such drafts as had been made within the three preceding years.

return.

may

be issued

SECT. 7. And be it further enacted, That when by a deficien- Writs of venire cy of either of the grand, traverse, or petit jurors of any court, in case of defi it cannot conveniently proceed in its business, it may cause ciency. writs of venire facias, for the drawing and returning so many jurors as shall be deemed necessary, to be forthwith issued, and directed to the constables of such towns in the county as the court, under the existing circumstances, shall judge most proper; conforming, as far as the business of the court will permit, to the principles by which under this Act jurors are to be selected, and their services equalized: And the jurors so drawn shall be notified by the constables to attend on the court immediately: And when, from challenges, or otherwise, Panel to be there shall not be a jury to determine any civil or criminal filled de talicause, which may be called on trial, the sheriff or his deputy, of deficiency of or, in case or an interest of relationship in him, to a party in jurors.

bus, &c. in case

Proviso.

Either party equally entitJed to a view. 19 Geo. II.

Jurors may be

the suit, a coroner, or such other disinterested person as the court shall appoint, shall, by order of the court, return jurymen de talibus circumstantibus, sufficient to complete the panel: Provided, No person shall be considered as competent to be returned, whose name shall not, to the satisfaction of the court, appear to be contained in one of three lists aforesaid, unless the parties consent; and also provided that there shall be seven, at least, on the panel, of the jurors returned by the venire. SECT. 8. And be it further enacted, That in all cases relating to real estates, either party may have a jury to view the place in question, if the court shall be of the opinion that such view is necessary to a just decision: Provided, The party moving therefor shall advance such a reasonable sum to the jury, as the court shall order, to be taxed against the adverse party in the event of a decision of the cause against him, on its merits, or through the default of the adverse party.

SECT. 9. And be it further enacted, That the justices of the put on oath re- respective courts aforesaid, shall, on motion from either party specting their in a suit, put any juror upon oath, whether he is any way relat unindifferency. ed to either party, or hath formed or given any opinion, or is sensible of any particular interest or prejudice in the cause; and if, thereupon, it shall appear to the court, that such juror does not stand indifferent in the cause, another juror shall be called or returned, and be placed, for the trial of that cause, in his stead.

rors returned, to be alphabetically arranged, &c.

Grand jury to

elect their own foreman, by ballot.

SECT. 10. And be it further enacted, That from the return on the Names of ju- venires, the clerk of each court shall prepare, or have prepared, at the opening of every court, separate alphabetical lists of the names of the persons who shall be returned as grand, traverse, or as petit jurors, respectively: And each court, in empannelling the grand jury, shall cause the two persons who shall stand first on the grand jury lists to be called and sworn, and after them the others, in succession, as they shall be named in the said list, and in such divisions as has been usual, or as by the court may be deemed proper. And it shall be the duty of the grand jury, who shall be thus sworn, empannelled and instructed by the charge from the court, so soon as they shall retire for the purpose of discharging the duties of their office, first to elect by ballot their foreman, and to notify the court, by the officer who shall be appointed to attend on them, of the person who shall have been thus elected, and who shall be thereupon foreman of the jury, for the then existing term, and as such, be recorded by the clerk accordingly. But in case of the absence of such foreman by sickness, or any other cause, it shall be come necessary, during the same session of the jury, to appoint another foreman, they shall proceed in a similar manner to elect, and to announce to the court the choice of another foreman in his stead. And the foreman of each grand jury, in the presence of the attorney-general, solicitor-general, or es, in presence county-attorney, shall have power to swear any witness to tesof the attorney tify before such grand jury, and it shall be his duty to return for the Com- to the court, which empannelled them, a list of all witnesses so sworn, before said grand jury be discharged from their attend

Foreman empowered to swear witness

monwealth.

of trials

ance upon the said court; which list shall be filed and entered of record by the clerk thereof. SECT. 11. And be it further enacted, That the respective Manner of emcourts, in empannelling the traverse and petit jurors, shall cause pannelling jury the names of the two first persons, which shall stand on the list of jurors of trials respectively, to be called, who shall be first sworn, and then the others in succession, as they shall be named in the said list; and in such divisions as has been usual, or as the court may deem proper. And the first twelve persons, thus empannelled, shall be the jury; and when there shall have been venires and returns for two juries, shall be called the first jury; and the next on said list being called and sworn as aforesaid, to the number of twelve, shall form the second jury: Provided, and in case of the courts excusing for Proviso. cause any person of either of said juries, and there being any supernumeraries, the vacancy shall be supplied, and the panels be filled and completed, on the above mentioned principles, in the same manner as if the person excused had not been named in the jury list: And provided also, in case of supernumeraries, on request, the court may excuse individuals of either panel, who may not have sufficient reasons to exempt them from serving, so far as their places can be supplied by the supernumeraries, and by their consent. And the juries, being thus empannelled, shall, respectively, either retire and choose by bal- To elect theis lot their respective foreman, or shall make such a choice on ballot. their retiring with the first cause with which they shall be charged, as may best accommodate the arrangements and business of the court; of which choice the court shall be notified on the jury's return.

foreman by

case.

SECT. 12. And be it further enacted, That if at any time, Provisional jufrom the existing state of the country, the nature or quantum rors chosen in of the business pending, or from any other cause, the courts respectively shall be of opinion that it will be a hardship on one set of traverse, or petit jurors, to serve the whole of the term, and that it would best meet the interest of the public and of individuals, to have a second set of jurors to serve a part of the term, it shall be in the discretion of the court to direct their clerk, when they shall issue their venires to the constables, in manner as is before directed, for the usual number of jurors, to require in the same venire, that a second draft of an additional number, equal to the first number, shall be made, which shall be called provisional jurors, and shall form the second set, if and so far as they should be needed, and be especially sent for by the court. And the constables shall also notify these jurors four days before the sitting of the court, of their being drawn as provisional jurymen, in the same manner as is provided for the notification of the first set of jurors. And such provisional jurors shall hold themselves in readiness, and To attend be obliged to attend and serve, if and when called for by the when called court, in the course of that term. And in all cases, when provisional jurors shall be drawn as aforesaid, it shall be in the discretion of the court, at any time during the session, to excuse, on request, from further attendance, any individual of the

for.

first set of jurors, on the condition of his giving seasonable and personal notice to such a provisional juror or jurors, for his or their immediate attendance, as shall be designated and called for by the direction of the court.

SECT. 13. And be it further enacted, That the manner in which constables, upon the receipt of venires for jurors, shall notify the qualified inhabitants of their respective towns to assemble, and to be present at their drafts as aforesaid, shall, unless otherwise ordered by said towns respectively, be the same as has been, or shall be established therein for notifying and warning their annual town meetings. But if any town have, or shall, at a legal town meeting, order and appoint that the notification shall be by the constables, giving notice to the selectmen, or the major part of them, and the town clerk, or by any other mode, such notification shall be sufficient.

SECT. 14. And be it further enacted, That the oaths which shall be administered to the grand, traverse and petit jury, respectively, when they shall be empannelled, shall be in the forms following, namely: (Grand Jurors' oath.) You, as grand jurors of this inquest for the body of this county of S. solemnly swear that you will diligently enquire, and true presentment make, of all such matters and things as shall be given you in charge; the Commonwealth's counsel, your fellows', and your own, you shall keep secret; you shall present no men for envy, hatred or malice, neither shall you leave any man unpresented, for love, fear, favour, affection, or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding. So help you God. (The other grand jurors' oath.) The same oath which your fellows have taken, on their part, you and each of you, on your behalf, shall well and truly observe and keep. So help you God. (The form of the traverse and petit jurors' oath in civil causes.) You, and each of you, swear, that in all causes betwixt party and party, that shall be committed to you, you will give a true verdict therein, according to the law and the evidence given you. So help you God. (Form of the oath in criminal causes, not capital.) You shall well and truly try the issue between the Commonwealth and the defendant or defendants, (as the case may be) according to your evidence. So help you God. (Form of the oath in capital causes.) You shall well and truly try, and true deliverance make, between the Commonwealth and the prisoner at the bar, whom you shall have in charge, according to your evidence. So help you God. Provided, that when any person of the denomination of Christians called Quakers, cannot conscientiously take the oath prescribed, such person shall be allowed to make affirmation, substituting the word "affirm," instead of the word "swear;" and also the words, "this you do under the pains and penalties of perjury," instead of the words, "so help you God."

SECT. 15. And be it further enacted, That it shall be the business of the grand juries to present all crimes, offences, and breaches of the law, cognizable by the respective courts at which they shall attend; and of the traverse and petit juries.