ror, $20; if a Talesmen. If a petit ju- if a petit juror, in a sum not exceeding twenty dollars, and if a grand grand juror, juror, in a sum not exceeding forty dollars, unless such juror shall forty dollars. show good and sufficient cause of excuse, to be made on oath before any justice of the peace, and filed in the clerk's office of such court, within thirty days after opening the said court; the merits of which excuse shall be determined by the next succeeding court; and when from challenge or otherwise there shall not be sufficient number of jurors to determine any civil or criminal cause, the court may order the sheriff or his deputy, to summon by-standers or others, qualified as herein before required, for the trial of such cause or causes, sufficient to complete the pannel; and when the sheriff or his deputy are disqualified from acting in the manner herein expressed, jurors shall be summoned by the coroner, or such other disinterested person as the court may appoint. Oath of petit jurors. Sheriffs, their duty. Must give security. Their oath. 40. Sec. XLV. The oath to be administered to petit jurors in civil cases shall be in the form following: You (A. B.) shall well and truly try the cause depending between the parties at variance, and a true verdict give according to evidence: so help you God.” SHERIFFS. 41. Sec. XLVI. The sheriffs of the several counties shall attend the superior and inferior courts in the respective counties when sitting, and by themselves or deputies, execute throughout the counties all writs, warrants, precepts and processes directed to them, issued under the authority of any judge or justice of the said superior or inferior courts, or the clerk of either of the courts; and the said sheriffs or their deputies shall have power to command all necessary assistance in the execution of their duty, and to appoint, as there shall be occasion, one or more deputies; and before any sheriff shall enter upon the duty of his appointment, and being commissioned by the governor, he shall be bound for the faithful performance of his duty, by himself and his deputies, before any one of the said judges, to the governor of the State for the time being, and to his successors in office, jointly and severally with two good and sufficient securities, inhabitants and freeholders of the county, to be approved of by the justices of the inferior court or any three* of them, in the sum of $20,000,† and the said bond shall remain in the office of the clerk of the superior court of such county, and may be sued for by order of the said court, for the satisfaction of the public or persons aggrieved by the misconduct of the sheriff or his deputy; and the said sheriff shall take and subscribe the following oath, before one of the judges of the superior, or justices of the inferior courts, and the same shall be entered on the minutes of the said court, before such sheriff shall enter on the duties of his office, to wit: "I do solemnly swear (or affirm as the case may be) that I will faithfully execute all writs, warrants, precepts, and processes, directed to me as sheriff of the county of and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of sheriff of -, during my continuance in office, and take only my lawful fees: so help me God." And an oath to the same purport shall be taken by each of the deputies of the said sheriff in like manner. But see County Officers, Sec. 4. Evidence, Sec 12 1 Sheriff's bonds reduced in Appling, Bryan, Bulloch, Emanuel, and Montgomery, to $10,000, vol. iv. 406.-In Irwin, Carrol, Early, Randolph, Rabun, Appling, Campbell, Scriven, Lowndes and Lee, to $10,000, Ib. 408.-In Dooly, Tattnall and Marion to $5,000, Ib 407.-In Wayne, to $5,000, Ib. 409-and in Ware, to $1,000, Ib 407.-In Cainden and Glynn to $10,000, pam. of 1832, p 169.-In Wayne to $1,000, pam. of 1832, p. 170.-In Baker to $10,000, pam. of 1834, p. 224. -In Union to $5,000, pam. of 1834, p. 225. the conduct 42. Sec. XLVII. In case of the death of either of the said sheriffs, Liable for the deputy or deputies shall continue in office, unless otherwise spe- of their cially removed, and execute the same in the name of the deceased, deputies. until another sheriff be appointed and qualified; and the defaults and misfeasance in office of such deputy or deputies in the mean time, as well before as after the death of such sheriff, shall be adjudged a breach of the condition of the bond given as before directed, by the sheriff who appointed such deputy or deputies; and the executor or administrator of the deceased sheriff, shall have the like remedy for the misconduct, or misfeasance, or default in office of such deputy or deputies, during such intervals, as he would be entitled to if the sheriff had continued in life, and in the execution of his office, until his successor was appointed and sworn. successors all shall com same. 43. Sec. XLVIII. The sheriff of each county shall, at the expira- shall turn tion of his appointment, turn over to the succeeding sheriffs, by inden- over to their ture and schedule, all such writs and processes as shall remain in his unfinished hands unexecuted, who shall duly execute and return the same; and business, who in case any sheriff shall neglect or refuse to turn over such process in plete the manner aforesaid, every such sheriff so neglecting or refusing, shall be liable to make such satisfaction, by damages and costs, to the party aggrieved, as he, she, or they, shall sustain by reason of such neglect or refusal; and every sheriff, at the expiration of such his appointment, shall also deliver up to his successor the custody of the jail, and the bodies of such persons as shall be confined therein, with the precepts, writs or causes of such detention; and such succeeding sheriff shall be empowered and required to sell and carry into effect any levy made by his predecessors in office, in like manner as such sheriff could have done had he continued therein, and shall make titles to the purchasers for all the property sold under execution, and not conveyed by his predecessor. of liable. 44. Sec. XLIX. The sheriffs of the several counties in this State, Sheriffs in shall have like powers and authorities, and they, and their under sher- what cases iffs and jailers, constables and other officers belonging to the court, be liable to all actions, suits, penalties and disabilities whatsoever, which they or either of them may incur for or on account of the escape prisoners, or for or in respect of any other matter or thing whatsoever, relating to or concerning their respective offices, in the same manner as they have heretofore been liable by laws in force in this State; and no sheriffs, under sheriffs, deputy or other sheriff's officer shall act as Shall not act an attorney at law, in his own name or in the name of any other person, or be allowed to plead or practise in any of the courts of this State, during the time he is in such office. as attorney. to attach 45. Sec. L. The sheriff shall be liable either to an action on the Are subject case, or an attachment for contempt of court, at the option of the party, too wherever it shall appear that he hath injured such party, either by false action. returns, or by neglecting to arrest the defendant, or to levy on his property, or to pay over to the plaintiff or his attorney, the amount of any sales which shall be made under or by virtue of any execution, or any moneys collected by virtue thereof. indictment 46. Sec. LI. If any sheriff, or his deputy or under sheriffs, shall be And liable to guilty of extortion or other malpractice in the execution of his office, for malprac upon complaint made on oath to the State's attorney or solicitors, it tice. shall be the duty of such attorney or solicitor to exhibit a bill of indictment against the person so .offending, who, upon conviction thereof, shall be fined by the court in treble the amount which he may have extorted from any person, which shall be applied, one moiety to the injured person, and the other moiety to the use of such county, and In what cases liable to an action or at tachment, shall likewise be removed from office, and suffer such other punishments as the law directs. 47. Sec. LII. Whenever the sheriff of any county within this State, shall fail to make proper return of all writs, executions and other process put into his hands, or shall fail or neglect to pay up all moneys received on such executions, on his being required by the court so to do, he shall be liable to an action as for contempt, and may and remova- be fined, imprisoned or removed from office, in the manner prescribed by the constitution. ble from office. Exceptions carried before the superior court by certiorari. Shall correct errors, and grant new trials. New trials 20 days' notice. Before a SPECIAL POWERS OF SUPERIOR COURTS. Sec. LIII. [Recited in the preamble of the act of 1820, Sec. 122, giving concurrent jurisdiction to the common law side of the court.] 49. Sec. LIV. Where either party in any cause in any inferior court shall take exceptions to any proceedings in any case affecting the real merits of such cause, the party making the same shall offer such exceptions in writing, which shall be signed by himself, or his attorney; and if the same shall be overruled by the court, it shall and may be lawful for such party, on giving twenty days' notice to the opposite party or his attorney, to apply to one of the judges of the superior court, and if such judge shall deem the said exceptions to be sufficient, he shall forthwith issue a writ of certiorari, directed to the clerk of such inferior court, requiring him to certify and send up to the next superior court, to be held in the said county, all the proceedings in the said cause, and at the term of the superior court to which such proceedings shall be certified, the said superior court shall determine thereon, and order the proceedings to be dismissed, or return the same to the said inferior court with order to proceed in the said cause. 50. Sec. LV. The said superior courts shall have power to correct errors, and grant new trials, in any cause depending in any of the said superior courts, in such manner and under such rules and regu lations as they may establish, and according to law, and the usages and customs of courts. Sec. LVI. [Oath of the special jury, repealed. See Sec. 74.] 51. Sec. LVII. In any case which has arisen since the signing of the present constitution, or which may hereafter arise, of a verdict of a special jury being given contrary to evidence and the principles of justice and equity, it shall and may be lawful for the judge presiding to grant a new trial before another special jury, in the manner prescribed by this act: Provided, that twenty days' notice be given by the party applying for such new trial to the adverse party of his intention, and the grounds of his application. And the said judge shall in all cases of application for new trials, or correction of errors, enter his opinion on the minutes of the court for his determination on each respective case. 52. Sec. LVIII. All new trials shall be had by a special jury, to special jury. be taken from the grand jury list of the county. [As to the manner of striking the special jury, see Sec. 66.] Judges may perpetuate testimony. 53. Sec. LIX. [The first part of this section, directing the annual convention of the judges, repealed, Vol. II. 38, and in part re-enacted in 1821. See Sec. 126.] And the said judges, or any of them, shall have power to perpetuate testimony on such terms and in such manner as is usually practiced in courts of equity. Sec. LX. [Judges shall alternate-superseded, see Sec. 60.] 54. Sec. LXI. [Relates to suits commenced under the jud. act of 1797, repealing that to the 67th inclusive.] No justice of the peace shall sustain or try any satisfaction in damages for any trespass on the Justices shall person or property of such plaintiff.* Act of 5th December, 1801. Vol. II. 37. not try trespass. es of sup. court are in 56. Sec. V. In all cases brought in the said superior courts, or Where judg either of them, where either of the judges thereof shall be a party, or interested therein, it shall be the duty of three or more of the justices terested, jus of the inferior court to preside at the trial of the same.† Act for the better selection and drawing Grand Juries for the several tices of inf. court to preside. 57. Sec. I. It shall be the duty of the justices of the inferior courts Selection of of each county, together with the sheriff and clerk, or a majority of grand jurors. them, to convene at the court-house of their respective counties, on the first Monday in June next, and biennially on the first Monday in June thereafter, whose duty it shall be to select from the books of the receiver of tax returns, for their respective counties, fit and proper persons to serve as grand jurors; and shall make a list of persons so selected, and transmit it under their hands to the next superior court of their respective counties; and it shall be the duty of the judge then presiding, to cause the clerk of the said superior court to make out tickets, with the names of the persons so selected, which tickets shall be put in a box to be provided by the clerk at the public expense, which said box shall have two apartments, marked number one and two; and the clerks of said courts shall, immediately after receiving such lists, fairly enter the same in a book for that purpose, to be provided at his own expense, distinguishing in separate columns the persons liable to serve as grand jurors, and those for the trial of civil and criminal causes, as pointed out by law; which said box shall be locked and sealed up by the judge, and placed in the care of the clerk, and the key in the care of the sheriff, and no grand jury shall be drawn and impannelled, but in the presence of the judge in open court, nor shall any clerk of the court, or other person having the custody of the jury box, presume, on any pretence whatever, to open the said jury box, transpose, or alter the names, except it be by the direction of the judge in open court, attending for the purpose of drawing jurors, under the penalty of being dealt with in the manner pointed out by law for malpractice in office. Juries. 58. Sec. II. The said judge, in open court, shall unlock and break The judge to the seal, and cause to be drawn‡ out of the apartment of the said box, draw the marked number one, not less than twenty-three, nor more than thirtysix names, to serve as grand jurors, which names so drawn out shall, after an account is taken of them, at each time of drawing, be carefully deposited in the other apartment of such box, marked number two; and when all the names shall be drawn out of the apartment number one as aforesaid, they shall then commence drawing from the apartment number two, and return them into number one, and so on alternately; but no name so deposited shall, on any pretence whatever, be destroyed, except it is within the knowledge of the judge that the said juror is either dead, removed out of the county, or otherwise disqualified by law, or the sheriff certify the same. But see the amendments of 1811 of the constitution. Art. III. Sec. 1st. As to cases where the inferior court may fail to draw their juries, see Sec. 104 and 5. In failure of to the next court. 59. Sec. III. If it shall so happen, that there should be a failure to stand over of the court in consequence of the non-attendance of the judge, then, and in that case, the jurors being summoned shall stand over to the next succeeding term, in the same manner as suitors and witnesses do If no selec in like cases: Provided always, that if the said justices, sheriff, and tion is made clerk aforesaid, shall fail to make such selection on the day aforesaid, time, it shall that then it shall be the duty of the said justices, sheriff, and clerk or before the aforesaid, or a majority of them, to make such selection at or before next superior the next superior court thereafter, which shall be held in their respective counties. at the proper be made at court. The judges may alteruate. Written owner or tenant. Sec. IV. [Repealing clause.] Act of December 8, 1806. Vol. II. 328. 60. It shall and may be lawful for the judges of the superior courts in this State, and they are hereby authorized to alternate in their districts from and immediately after the first day of January next, any law to the contrary notwithstanding. An Act pointing out the duty of Sheriffs, in selling lands under execu tion.-Approved Dec. 22, 1808. Vol. II. 454. 61. Sec. I. It shall hereafter be the duty of the sheriffs of the notice to the several counties in this State, when they levy any execution on land, to leave a written notice of the said levy with the owner, if in the county, or tenant in possession, if any, or transmit the same to him, her, or them, in five days after such levy. [But see Sec. 85, as to writs of possession.] No sheriff shall sell lands out of his county. Clergymen 62. Sec. II. It shall not hereafter be lawful for any sheriff within this State, to levy upon, or sell any land which lies out of the county of which he is sheriff; any thing in any law to the contrary notwithstanding. 63. Sec. III. [Directing sheriffs to advertise in their respective circuits has been modified in so many cases, that the exceptions are believed to be more numerous than the rule; and errors in this respect, when they occur, are always cured by the legislature. The act of 1822, Vol. IV. 403, heals all such informalities in Gwinnett, Habersham, Rabun and the whole of the Flint and southern circuitsAnd subsequently in the Chattahoochee circuit and in Talliaferro county, by act of 1828, Vol. IV. 342-And see the table of references to county acts at the end of the volume for any such act in relation to any particular county.] An Act to give relief to all ordained Ministers of the Gospel, so far as respects their serving as Jurors, or doing Militia duty.-Approved Dec. 12, 1809. Vol. II. 531. Sec. I. [Respecting militia duty. See Militia, Sec. 41.] 64. Sec. II. The judges of the superior courts, the justices of the excused from inferior courts, and justices of the peace, are hereby authorized, on application, to excuse them from service on the jurries of their different courts, the application to be made in writing or otherwise. serving on juries. |