The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-04-17


nme diately. And when from challenges or 9th
erwse there shall not be jury TO determine any
civil or criminal cause, which may be called on
for trial, the Sheriff or his Deputy, or Id case OF
an interest relationship IN him, to a party IN
the suit, a Coroner. such other dislnterested
person the court shall appoint, shall, by order
Of the court, return jurymen de tdLlbB ctr-itnt-
stantibus suficien. to complete the pannel; Pro
rided, no person shall be considered as competent
to be returned, whose name shall not to the sat
sfaction of the Court, appe;r to be contained IA
the box aforesaid, unless the parties consent, and
also provided that there shall be seven at east on
the panel, of the jurors returned by the venire
SECT. 9. BE II further enacted, That the JustI-
ces Of the respective Courts aforesaid, shall, on
motion from either party, in suit, but anyJu-
ror upon oath, whether ne is related to either
party, or hath formed given any opinion, OF is
sensible OF any particular interest or prtJddce ia
tie cause and if thereuPon, It shall appear 70
the Court, that such Juror does not stand ndIter-
ent in the cause, another juror shall be called or
returned, and be placed for the trial OF that
cause in his stead.
SECT. 10. Be a 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 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, ID succession, as they shall be
named in said list, and in such divisions has
been usual, or by the court may be deemed
proper.
SECT. l |. Be IL further enacted, That the re
spectIve courts il empannelling the traverse ju
rors, shall cause the names of the two first per-
oh "A
respectively, to be called, WIN shall he first
sworn, and then the others ID succession, as they
shall be named in said list, and ln such divisions
mas been usual or as the court may deem pro-
per. And the first twelve persons, thus empan-
nelled. shall be the jury and when there shall
have been venIres, aud returns Tor two luries,
shall be called the first jury and the next on
said list being called ana sworn as aforesaid, 10
the number of twelve shall form the second Jury !:
PrOplded, aud ia case of the Courts eXcusing for
cause, any person of either of said juries, and
there being any supernumeraries, the vacancy
shall be supplied, and the PANELS be filed and
completed, on the above mentioned principles IN
the same manner a. it the person excused, had
net 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 10 exempt
them from serving, so far as their places can be
supplied by the supernamerarbes, and by their
consent.
SECT. IL. Be at further enacted That the oaths
which shall be admin stered 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 ju-
Of this inquest for the body of this county Of
5. solemnly swear, that you will diligently in
quire, and true presentment make Of all such
matters & things a. shall be given you in charge /;
the States counsel, your fellows. aud 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 hope Of reward but you shall prese Mt
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
ofyou swear, that in all causes between party
and party, that shall be committed TO on, you
will give true verdict therein. according TO the
law and the evidence given you. So help you
God. Form Of the oath 10 criminal causes, not
captal.) You swear, that you will well and tru
ly iry the issue between the State and the de-
cordIns 70 your evidence. 50 help you God.
(Form Of the oath in capital causes You swear,
that you Will well and truly try, and true delIv-
erance make, between the state, and the prisoner
at the bar, whom you shall have in charge, &C
coTdlng to your evidence. So help you God.
PrOrided. that any person eonscientously scru-
pulous oI taking oath. shall instead thereof be
allowed to make affirmation, substituting the
word : alirm,'' instead Of the word swear and
AZ ~ - ~.
penalties Of perjury instead Of the words, = SO
help YOU God"
SECT. 10. Be ii further enacted, That il shall
be the duty Of the grand jury, VINO shall be thus
sworn, empanneled and instructed By the charge
from the Court, they shall retire for
the purpose of discharging the duties of their
office, first 10 elect by ballot their foremas. 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 then existing
term, and such be recorded by the clerk &C
cordingly. But in case Of the absence Of such
foreman, by sickness, or any other use it shall
become necessary during the same session OF the
jury to appoint another foreman, they shall pro
coed in similar manner ID elect. and 10 an
nounce to the Court the choice ofanother foreman
in his stead. And the foreman of each grand
jury, In the presence Of the Attorney GeueTal or
County Attorney, shall have power to swear any
witness to testify before such grand jury, and II
shall be his duty TO return to the Court which
empannelled them, list OF all witnesses sworn,
before said grand jury be discharged from their
attendance uPtn the said court which list shall
be filed and entered Of record ny the clerk there
Of And the traverse jurors being thus empan-
neled, shall respectively, either retire and choose
by ballet their respective foreman, or shall make
such a choice their returning with the first
cause with which they shall lie charged as may