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

from any other cause, the Courts respectively,
shall be of opinion that II will be hardship
one set Of traverse jurors 10 serve the whole Of
the term, and that il would best meet the inter
est Of the public and OF individuals, 70 have 4
second set OF Jurors 20 part of the term, it
shall be in the discretion Of the Court TO direct
their clerk, when they shall issue their venires
| 70 the constables, ID manner before directed, tor
the usual number ofjurors, TO require ia the
venire, that second draft Of AN additional num-
Der, equal to the first number, shall be made,
which shall Oe called provisional Jurors, and shall
form the second set, 50 ar as they shall be need
| ed, and especially sent for by the Court. And
the constabes shall also notify these Jurors four
days before the sitting Of the Court OF their being
drawn provisional jgrymen, il the same man
ner as d provided for the notification Of the first
! set OF Jurors. And such provisional jurors shall
hold themselves IN readiness, and If called for
! by the Court, shall attend and serve al any time
in the course OF that term. Aud ID All cases,
| when provisional jurors snail be drawn as alore-
said, IT shall be in the discretion of the Court,
at any time during the session, 70 excuse, on re-
quest from further attendance, any individual OF
the first set ofJurOrs the condition Of his giving
| seasonable and personal notice 10 such provis-
iOnal juror or jurors for his or their immediate
attendance, shall be designated and called foE
! by the discretion Of the Court,
| SECT. Is. Be AZ further enacted, That it shall
be the business of the grand jIres to present all
crimes, offences, and breaches Of the law, cegni-
Fable by the respective Courts at which they
shall attend and Of the traverse juries respect
lively to try, according to the established forms
! and principles of law, all causes which shall be
committed TO them, and to decide al their discre-
| ton by general verdict, both the fact and the
! law, involved in the issue I; or TO find special
verdict, or general verdict, subject TO the opin-
ION Of the Court, on case or point stated and
reserved by agreement Of the parties, or their
| counsel, under the discretion Of the Court as
| making part of the record, to be entered as
| such and in case such jurors. after due and
| thorough delIberation on any civil cause, with
which they may be charged, shall return into
Court without having been able to agree on a
verdict, ii shall be in the dscre ton of the Court
explaining 20 them its understanding of que stions
OF law, If any should be proposed, and restatng
| what any witness had testified, should that be
requested by the jury, to send them out again
for further deberation and if the Jury should
return second time without being able to agree
on verdict, they shall not be liable to be sent
out third time, unless they shall state some
legal difficulties for explanation, which had not
been previously attended to By The Court. And
# any person obtaining verdict Id his favor in
any Court in this state, shall, during the session
OF the SAID Court, IN which seeh verdict shall be
obtained, give 10 any OF the Jurors ia SAID cause
drink or ENTERTAINMENT other article by way
oftreat or gratuity, whether before or after such
verdict, on due proof thereof it shall be sufficient
reason, at the discretion Of the Court to set aside
the verdict, at the election OF the adverse party,
and award new trial Of the cause.
SECT. 10. BE It further enacted, That in all cases
relating to real estates, either party may have
lIdry 70 view the place IN question, if the Court
shall be OF opinion that such view j. necessary to
Just decision; Provided, the party moving there
for shall advance such a reasonable sum to the
Jury, the Court shal order TO be taxed against
the adverse party il the event Of decision Of the
cause against him, on its merits, or through the
default of the adverse party.
SECT. IL. BE az further enacied, That the iusti-
ces Of either Of the Courts aforesaid shall have
power to order the writ Of Venire Tacias. which
may be issued either for the grand or traverse
jurors, to be returned on such day of the term,
a they may judge will best serve the purposes Of
Justice, and facilitate the business Ut said Court
SECT. 18. BE It further enacted, That the man
ner in which consaeles, upon the recent Of
venires for Jurors, shalt notify the qualified IN
habitants o. their respective towns 10 assemble
and TO be present at their drafts aforesaid shall
anless otherwise ordered by said towns respect
Fely, be the same a. has been or shall be estab-
lished therein for notifying and warning their
annual town meetings. But if any town shall,
at legal town meeting, have ordered that the
notifications shall be by the constables, giving
notice to the seleCtmen the m r part of them,
and the town clerk, by any olner mode such
notification shall be sufficient.
SECT. 10. BE a further enacted That the grand
and traverse Jurors who shall attend at the SUI
preme Judicial Court, and Circuit Court or Com
mon Pleas, shall each be allowed one dollar and
twenty five cents a day for their tendance and
SIX cents d mile for their travel out and home 10
be paid out Of The county treasures respectively.
SECT 20. BE * further enacted. That the se-
eCtLnen, town constable, CLERK OF the town clerk
OF the Court sheriff or juror, who having no i IS
tifable therefor, shall neglect TO discharge
the dulles incumbent OF them, him or ii, respect
vely, by this act, shall be subj scted to the re-
spectlve fires and amercements named to be
assessed, ordered aud imposed by the Court, ia
reference 10 whose jurors such neglect or failures
may have taken place namely, a fine PCT ex-
ceeding twenty dollars, az the discretion Of the
Court, on any selectmen town cleT,k. who shall
SO neglect TO perform his or their dlty herein IRE
sCrbed, a. BY means whereof tba Jurors called for
from hIs or their town shall net be returned fae
not exceeding twenty dollars, at the discretion "
the Court, on any constable who shall 50 neglect
70 perform the duties devolved on h.u hy this act
by means whereof there shalt be failure W Inc
Jurors called from his town ~ afore said fine ~
aDercemeut not exceeding one hundred dollars
at the discretion ofthe Court, on any town which
shall 50 neglect the duties herein joined On n a.
thereby % occasion failure Ut the Juror. c,..e5
tor from such town; fine az the discretion "
the Court, not exceeding fifty dollars. on thar
clerk, or their sheriff, no shall 50 neglect The.
duties erI1ined on them, respectively, br tn.
act a. 10 prevent compliance with any w
us provisions !; a hne any Juror draxn no.