Qualification of Jurors. Persons incompetent Persons exempt. Number of jurors. CHAP. CCCCV.—An Act concerning Grand and Trial Jurors. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. A person shall be competent and qualified to act as a grand or trial juror if he be: First-A citizen of the United States, a qualified elector of the county, and a resident of the township at least three months. before being selected and returned. Second-In possession of his natural faculties, and have sufficient knowledge of the language in which the Court is held. Third-Assessed on the last assessment roll of his township or county on real or personal property, or both, belonging to him, if a resident at the time of the assessment. SEC. 2. A person shall be incompetent and disqualified from acting or serving as a grand or trial juror if he be: First-A person not possessing the qualifications of section first of this Act. Second-A person convicted of a felony or misdemeanor, involving moral turpitude. Third-A professional gambler, following gambling for a busi ness. SEC. 3. A person shall be exempt from liability to act as a grand or trial juror, and shall not be selected, if he be : First-A judicial, civil, or military officer of the United States, or of the State of California. Second-A person holding a county office. Third-An Attorney and Counsellor at Law. Fourth-A Minister of the Gospel, or a Priest of any denomination. Fifth A Teacher in a college, academy, or school. Seventh-An officer, Keeper, or attendant of an Alms House, Ninth-A Captain, Master, or other officer, or any person employed on board of a steamer, vessel, or boat navigating the waters of this State. Tenth An Express Agent, Mail Carrier, Telegraph Operator, or Keeper of a public ferry, or toll gate. Eleventh-A person otherwise exempt by law. SEC. 4. The Board of Supervisors of each county in this State shall, at their regular meeting after this Act takes effect, and thereafter at their first regular meeting in each year, by an order entered on their journal, apportion among the several townships of each county the number of persons who shall be selected and returned from each township for grand and trial jurors, as in this Act provided. The aggregate number to be returned for each county shall be determined by calculating thirty for each regular term of Court requiring a grand jury, thirty for each regular term of the District Court, and thirty for each regular term of the County Court, to be held in the county, until the next annual return of grand jurors and trial jurors under this Act, to be apportioned among the several townships of each county, as nearly as may be convenient, in proportion to the number of qualified voters residing in each township, as shown by the last official returns of the general State election. The Board shall also, at the expense of the county, furnish a safe box for the purpose of containing the names of the grand and trial jurors to be selected and returned under this Act, divided in the centre by a partition into two compartments, each compartment to be provided with safe lock and key, and one compartment to be marked "Jury Box No. 1," and the other, "Jury Box No. 2." SEC. 5. The Board of Supervisors of each county, with the How selected County Clerk, or his Deputy, at their first regular meeting after this Act takes effect, and thereafter at their first regular meeting in each year, shall select and return the aggregate number of Grand Jurors and Trial Jurors required by the last section, and shall continue from day to day until the said return shall be completed, and shall proceed in the following order: First-Select the aggregate number of grand and trial jurors. required by the last section from the several townships of the county, as apportioned thereto, from the poll list of each township returned at the last general State election, or if said poll list be destroyed, then select from the last assessment roll of such township, and as near in regular order on such lists or rolls as convenient. Each person so selected shall be competent and qualified to act as provided in sections first and second of this Act. Second-While selecting as aforesaid, the County Clerk shall assist said Board in making out duplicate lists containing all the names of said jurors so selected, with the occupation of the juror, and township annexed to his name, said duplicate list to be certified to and signed by said Board and Clerk, one of which shall be placed on the files of said Board, and the other to be filed in the County Clerk's office, in some secure place, for future reference. 66 Third-Immediately thereafter said Board, with the County Clerk, shall write or cause to be written, upon a separate slip of paper or ballot, each name, with the occupation and township of each juror contained on the said duplicate list, and shall then compare said ballots so made out with the said duplicate lists, and shall then closely fold each of said ballots so as to conceal the names written upon said ballots, and shall then deposit in "Jury Box No. 1," aforesaid, all the said folded ballots containing the names of the grand and trial jurors selected and certifled to as aforesaid, and immediately lock up "No. 1" and "No. 2" of said "Jury Box," and deliver the keys thereof to the Sheriff for safe keeping, and shall deposit said "Jury Box," with said ballots, in the County Clerk's office, in some secure place. Grand and trial jurors so returned shall be called reguÎar jurors, and shall be drawn by lot, and serve until the next legal selection and return shall be made under this Act. Fourth-Before making a new return under this Act, all the ballots remaining in said "Jury Box No. 1" and "No. 2" shall Jurors. How selected Grand Jury, how drawn. be taken therefrom, and any regular juror last returned as aforesaid, who has actually served on any grand jury or trial jury, when drawn shall be exempt, and not returned again the next succeeding year. All other regular jurors may be again returned the ensuing year. Fifth-Any elector of the county shall have the right to be present at said selection and return of grand and trial jurors, and may give information to the Board while selecting. In the absence of the County Clerk, or of the Sheriff, their respective Deputies shall perform their respective duties when required under this Act. SEC. 6. If the Board of Supervisors shall neglect or fail to make a return of grand and trial jurors, as hereinbefore provided, or if the return aforesaid shall be set aside by the Court for illegality, or from any cause shall be destroyed or illegally interfered with, or if from any other cause a new return shall be required, it shall be the duty of the Judge of the District Court, or the Judge of the County Courts of such county, at Chambers, or in Court, to make an order, setting forth the facts, and commanding the Board of Supervisors of said county to assemble at the time and place mentioned in said order, and select and return the grand and trial jurors for the ensuing year required by this Act, and the Sheriff shall immediately serve a copy of said order on each member of said Board of Supervisors, and it shall be the duty of said Board to obey said order, and make such required return in all respects as hereinbefore provided, and the same when so made shall be as legal as if made at the time designated by this Act; provided, that no selection and return shall be set aside for slight irregularities or causes, nor unless such return shall be against the true intent and provisions of this Act. DRAWING, SUMMONING, AND IMPANELLING A GRAND JURY. SEC. 7. When the County Judge of any county shall by order so direct, the County Clerk and Sheriff of such county, at least ten days before the commencement of the term of Court requiring a grand jury, or at any other special time the Judge of such Court may order, shall, in the presence of two witnesses, electors of the county, unlock said "Jury Box, Number 1," and the said Clerk shall draw therefrom thirty ballots, the Sheriff having first shaken said box, so as to mix said ballots, and immediately shall lock said box. The Clerk shall then make out a list of the names on said ballots drawn, together with the occupation and township of each juror, and annex a certificate to the correctness of said list, including in said certificate the names of the witnesses present at said drawing, which list shall then be signed by the Clerk and Sheriff. The Clerk shall safely keep all ballots drawn from "Jury Box Number 1," and "Number 2," until the same are legally disposed of by the Court, and shall file in his office the certified list of all jurors from said box, at any time; and the Clerk shall, in every case, copy the certified lists drawn, in the first day's minutes of such Court after said drawing. Whenever the ballots in "Jury Box Number 1," shall become exhausted, the drawing shall be continued from the ballots in " Jury Box Number 2," placed therein as hereinafter provided. And when "Number 2" shall be exhausted, then from "Number 1," and so on, alternately, until a new selection and return shall be made. issue writ of SEC. 8. The Clerk of said Court shall, immediately after Clerk to drawing and certifying the ballots as provided in the last sec- venire to tion, issure a writ of venire under the seal of the Court, directed the Sheriff. to the Sheriff, to summon the jurors so drawn, which may be substantially as follows: STATE OF CALIFORNIA, To the Sheriff of said County, Greeting: County.} SS. You are hereby commanded to summon (here insert the name of each juror on the certified list, and, unless waived by the Sheriff, also the occupation and township of each juror,) to be and appear in the (here name the Court) to be held in day of —, A. D. 18—, at on the o'clock, M., to act as grand jurors, (or trial jurors, as the case may be,) and of this writ make legal service and due return. Dated: day of 18-. Signed: SEC. 9. It shall be the duty of the Sheriff upon receiving said Summoning writ of venire, to summon said jurors therein mentioned at least grand jurors three days before the day mentioned in said writ for the appearance of said jurors at said Court, unless the time of service shall be changed by order or rule of Court. Said service shall be made upon each regular juror by delivering personally to him a written or printed notice, substantially as follows: To STATE OF CALIFORNIA, County. ty.} SS. You are hereby summoned to appear in the (here insert the Court) on the -day of A. D. 18-, at o'clock, M., to serve as a grand juror (or trial juror, as the case may be,) and herein fail not. Dated: left at residence. If the Sheriff cannot find a juror after due search and dili- Notice to be gence, he shall leave the above notice at the residence or place of business of such juror, with the most suitable person there found, and he shall return said writ without delay, with his indorsement thereon, specifying the persons summoned, and the time and manner each was notified. Special grand jurors and special trial jurors shall be summoned by personally notifying each of them to attend the Court wherein they may be required, and at the time when required, and the Sheriff shall return a certified list of such special jurors summoned. SEC. 10. Any regular grand or trial juror, or any special Penalty if a grand or trial juror, summoned to attend Court as provided in Juror fail to the last section, but who shall fail to attend the Court at the attend. Who shall constitute the grand jury. How to proceed when jury is not complete. Jurors excused. When jury is discharged time required, and being without a reasonable excuse, may be attached and compelled to attend the Court, and the Court may also impose a fine upon such delinquent juror, not exceeding one hundred dollars, and execution may issue against such juror for said fine and costs, on attachment. If, however, the juror was not personally served, the fine shall not be imposed until, upon an order to show cause, an opportunity has been offered to the juror to be heard. SEC. 11. When, of the regular grand jurors summoned as aforesaid, not less than thirteen and not exceeding fifteen attend, they shall constitute the grand jury; if more than fifteen attend, the Clerk shall call over the list drawn, and the fifteen first answering shall be the grand jury. If, of the persons drawn and summoned, less than thirteen attend, they shall be placed in the grand jury, and the Court shall complete the same as provided in the next section. SEC. 12. If the Court shall fail to complete a grand jury by the drawing and mode aforesaid, or if a challenge to the panel or to a grand juror be made and sustained, or as often thereafter as it may become necessary from any other cause, the Court may order another drawing from said "Jury Box" of a sufficient number to complete or form a grand jury, and such drawing and summoning shall be had as hereinbefore provided; or in place of such second drawing, the Court may order the Sheriff to summon, immediately, or for a day fixed, a sufficient number of special grand jurors, possessing the qualifications prescribed in this Act, and none others, from which to complete the grand jury, or form a new grand jury, as the case may be; said order and the reasons therefor shall be placed upon the minutes of the Court. The Sheriff shall immediately summon such required additional number of regular drawn jurors or of special jurors in manner and form as provided in section nine of this Act. The Clerk shall then complete the panel by calling the names in rotation on the list last drawn of regular jurors, or on the list of special jurors returned by the Sheriff. SEC. 13. A grand or trial juror, whether regular or special, shall not be excused by the Court for slight or trivial cause, or for hardship, or inconvenience to his business, but only when material injury or destruction to his property, or that of the public intrusted to him, is threatened, or when his own health, or the death or sickness of a member of his family requires his absence; and it shall be the right of any party to a civil action, or the defendant in a criminal action, pending in said Court, to except to the order of the Court excusing a trial juror without sufficient cause, and the excepting party, in case the action be tried by jury at said term, and if the verdict shall be adverse to such excepting party, may have said exception and facts therewith connected reviewed on his motion for a new trial, and if error, the Court may grant him a new trial for that reason. SEC. 14. At every term of Court when the grand or trial from further jury shall be discharged from further attendence at said term, attendance, the Court shall cause an entry to be made on its minutes disproceed. posing of the ballots of regular, grand, or trial jurors drawn to from the "Jury Box" as follows: |