Selectmen to keep a Jury box.

of the Supreme Judicial Court within said county, when it
shall be made to appear to said Circuit Court of Common
Pleas, or the Supreme Judicial Court, that said convict has
lain in prison for the term of three months, for fine and costs
only, and that he stands committed for no other cause, and
that he has not estate sufficient to pay said fine and costs: up-
on condition, however, that the Court shall order said convict
to give his own note for the amount of said fine and cost, pay-
able to the Treasurer of said county, to the use of said coun-
ty. And
And upon condition that before the Justices of the Su-
preme Judicial Court and Circuit Courts of Common Pleas
shall liberate such poor convict, they shall require of said
convict a schedule in writing signed by him or her, stating the
particulars of the property by him or her owned, together
with an oath in writing by him or her signed, that the schedule
contains a true account of all property of which he or she is
the owner in possession, reversion or remainder, to his or her
knowledge and belief. And that he or she has not sufficient
wherewith to support him or herself in prison or to pay prison
charges. And has not directly or indirectly sold, conveyed
or intrusted to any person since the sentence passed by which
said convict was committed to prison, any goods, effects or
credits, nor any real estate, with intent to evade the perform-
ance of the sentence against him or her. And if any such
convict shall knowingly and wilfully make any false schedule
or oath in relation to the matters aforesaid, or any of them,
and be thereof convicted in the Supreme Judicial Court, he or
she shall receive no benefit from the said liberation, but shall
be liable to be again imprisoned till he or she performs the
original sentence.

[Approved March 20, 1821.]

:00:

CHAPTER LXXXIV.

An Act regulating the Selecting, Empannelling and Service of Jurors.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That the Selectmen, in each town in this State, on or before the second Monday of September next, shall provide and at all times cause to be kept in Once in three their respective towns, one Jury box; and shall, once at least years prepare a 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 best 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, Counsellors, Judges and Clerks of the Comempted from mon Law Courts, Secretary and Treasurer of the State, Loan officers and Revenue officers, Judges and Registers of Probate, Registers of Deeds, settled Ministers of the Gospel, offi

Persons ex.

serving as Ju

cers of any College, Preceptors of Incorporated Academies, Physicians and Surgeons regularly authorized, Cashiers of incorporated Banks, Sheriffs and their Deputies, Marshals and their Deputies, Counsellors and Attornies at Law, Justices of the Court of Sessions, Criers of the Judicial Courts, Constables and constant Ferrymen; and having written their names upon tickets, they shall cause them to be placed in the Jury box, and shall then lay the whole of their doings before the town for a revision, who may confirm the same, or make such alterations therein as they may deem proper: and the said box shall be held and kept by the Town Clerk; and the persons whose names shall be continued in said box, shall be liable to be drawn, and serve on any Jury, at any Court for which they may be drawn, once in every three years, and not oftener.

Box to be kept by town clerk.

eech town.

SEC. 2. Be it further enacted, That it shall be the duty of Number liable the several towns, to provide and have constantly kept in said to be drawn in box, ready to be drawn when required, a number of Jurors, not less than one, and not more than two, for every hundred persons, which said town may contain, computing by the last census which may have been taken, next before the preparing the box.

victed, &c.

be taken from

SEC. 3. Be it further enacted, That if any person whose Persons conname shall be in the box aforesaid, shall be convicted of any their names to scandalous crime, or be guilty of any gross immorality, his the box. name shall be withdrawn from the box by the Selectmen.

counties into

Rule to be ob

SEC. 4. Be it further enacted, That the Courts of Sessions Court of Sesin the several counties in this State, within one year next after sions to divide every new census, and as much oftener as any considerable Jury districts. change in the state of population shall render useful and necessary, shall 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 served by Clerks at which the course of trials is or may be by Juries, who shall in sending 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 and traverse 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 Jurors

venires.

Grand Jurors at C. C. Com

mon Pleas to serve the year.

nires.

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.

SEC. 5. Be it further enacted, That the Grand Jurors who shall be returned to serve at the Circuit Court of Common Pleas, shall serve at every term of said Court, which shall be held throughout the year. And venires for such a Jury, shall be issued forty days at least, before the second Monday of Sheriff to dis- September annually. And the Sheriff of each county, as tribute the ve soon as he shall receive the venires for Jurors from the Člerk of either Court, shall without any delay, forward the same to the Constables of the towns to whom they shall be directed; Constables' du- 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 drafts 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.

ty, &c.

Mode of drawing Jurors.

Constables to notify Jurors

drawn.

SEC. 6. 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 State, 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, er be excused on another draft, should it happen within the term of three years, the minute on his ticket notwithstanding.

SEC. 7. Be it further enacted, That the Selectmen who who have been shall draw from the box the ticket of any person to serve as a Juror, and who shall not be excused by the town, for either of 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 of the Constable to notify the persons thus designated

to serve as Jurors, four days at least, before the sitting of the Court, on 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 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 the box, 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 has been made within the three preceding years.

ciency of grand

rors Court may

forthwith.

SEC. 8. Be it further enacted, That when by a deficiency In case of defi. of either of the grand, or traverse Jurors of any Court, it can- or traverse Junot conveniently proceed in its business, it may cause writs of issue venires venire facias for the drawing and returning so many Jurors returnable 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 see lected, 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, there shall not be a Jury to determine any civil or criminal cause, which may be called on for trial, the Sheriff or his deputy, or in case of an interest or relationship in him, to a party in the bus. 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 return- Proviso, ed, whose name shall not, to the satisfaction of the Court, appear to be contained in the box 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.

Sheriff or Coroner may return

Jurors de talibus

circumstanti

examined on

SEC. 9. Be it further enacted, That the Justices of the re- Jurors may be spective Courts aforesaid, shall on motion from either party, oath as to their in a suit, put any Juror upon oath, whether he is any way interest, &c, related 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.

SEC. 10. Be it further enacted, That from the return on the 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 or traverse Jurors, respectively. And each Court, in

Clerk of Court phabetical list

to prepare al

of Jurors.

nelling Grand

Jury.

Mode of empan 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 said list, and in such divisions as has been usual, or as by the Court may be deemed proper.

Mode of empannelling

SEC. 11. Be it further enacted, That the respective Courts Traverse Jury, in empannelling the traverse Jurors, shall cause 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 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 Court's excusing for cause, any person of either of said Juries, and there being any supernumeraries, the vacancy shall be supplied, and the pannels 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 supernume raries, 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.

Grand Jurors' oath.

Traverse Jurors' oath.

SEC. 12. Be it further enacted, That the oaths which shall be administered to the grand and traverse 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 inquire, and true presentment make of all such matters and things, as shall be given you in charge; the State's counsel, your fellows', and your own, you shall keep secret; you shall present no man for envy, hatred or malice; neither shall you leave any man unpresented, for love, fear, favor, 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 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.