Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1853-07-20

The following new jury Law went into OPP
rstsan an the Isl inst.

| The following new jury law wens inso oP-
Grafton on the lat inst.
Az act concerning the compensation and
ampapneIing Of Jurors, their qosli6catiOn and
manner Vt selection in certsin cases.
The following persons shall Be exempted
from serving Oh juries;
The governor, lieutenant governor, practi
sing attorneys, licensed physicians. officers Of
any court, telegraph operators actually en-
gagged. officers Of fire departments Of = town.
and all persons mentioned ia sections 2 and
Of chapter Of Code as exempt from mill
tia duty. (cxcept school commissioners, trus
tees OF free schools. officers Of militia. who
resign their commissions after serving seven
years successfully, and uncommissioned Off
GERS and members Of volunteer comPanies.)
Jury cases, except of unlawful entry and
desainer, to be tried at two quarterly terms
to be- designated by the county or corporation
court The End section Of the 206th chap
ter Of the Code is SO amended as to provide
that there shall be grand jury at only two
of the quarterly terms Of the county court
The number of the grand jury to be fixed by
the court but not to be less than sixteen
The county or corporation courts shall annu
ally prepare list Of persons well qualified to
serve as jurors, cat least twenty for every
thousand white iDhabitants) but such list is
not to include less than fifty persons. The
| list to be 6led with the clerk, open to the in
spection of the court or two or more justices,
and may be corrected by the court. Each
name to be written on > separate piece of
paper and placed in box and juries, except
in cases of felony, to be selected therefrom.
| Grand juries to be summoned as now provi-
ded A renire facias shall be issued by the
clerk, at least twelve days. before each jury
court for twenty-eight Jurors TO attend at
such day of the court as the court shall or
der At the same time summons for any
three justices shall he issued to attend at the
clerks office not less than nor more than
10 days before the jury is required, who shall
draw forth from the box the jurors required
to attend, and the sheriff shall summon them
at leas, three days before they are required
The Jurors 10 be drawn from the box by the
presiding justice. When any person is drawn
and returned 10 serve as o juror, the word
sdrawn" shall be endorsed on the ballot,
which shall be returned to the box, and the
date Of the draft entered on the list of Jurors
opposite to bis name. No person required
to serve as q juror twice in the same year,
unless all the Jurors have been drawn during
the same year. Tho court may issue writ
of venire facias for additional jurors in term
time. whenever necessary -1he names of
jurors required TO attend shall be written on
different pieces Of paper, and placed in box,
| from which jurors for the trial cases shall be
selected. A person failing to attend without
excuse, shall forfeit o sum rot exceeding
twenty dollars. Ii the court be Of opinion
that less than twenty eight jurors be suffi
Gent they may issue veniro facas for such
less number The court may Dispense with
the attendance of juries on any day of its
sitting. When sufficient number oe Jurors
cannot be obtained for the trial Of any case,
the number may be made up from the bystan-
ders or the county at large. The court may
examine any juror on oath touching bis in
terest in the case at issue. No exception to
be allowed after juror is sworn. unless by
leave o. court nor shall any irregularity set
aside verdict. unless BY leave of court, un-
less the party making objection is injured
For any neglect Of duty required by this act.
any officer shall forfeit sum not exceeding
twenty dollars. Special juries may oe form
ed by drawing from panel Of twenty. SIX
teen by lot--the parties alternately striking
! off one until the number be reduced to twelve
Juries in felonies and in cases of unlawful
entry and detainer shall be selected as now
prescribed by law. A grand Juror shall re-
ceive one dollar, to be paid out of the county
or corporation levy. Jurors IN cases Of fel
ony shall be paid as provided in the 10th
section of chapter 30S of the Code: for mis-
demeanors, shall receive out of the public
treasury, and for civil causes, out of the
county or corporation levy. fifty cents per
diem. II the jury is adjourned from day to
day, fsty cents for the first and seventy FIVE
for each succeeding day. No person to re-
ceivo more than s 20 in one day which may
be allowed if be has served on three or more
jures during the day, or on two or more, one
of which was adjourned to that day. If a
juror serves on commonwealth and civil case
the same day. the court shall apportion his
compensation between the State and the
county. lfauy person attend on venire,
but, does not serve as juror, he shall receive
fifty cents per day out OF the county treasury.
No juror departing without leave, or receiving
compensation as a commonwealth witness,
shall DO paid as juror The county or cor
poration courts may increase or diminish the
pay ofjurors in civil cases, provided that such
compensation shall not be less than fifty cents
per day for service. nor twenty five cents for
obedience to summons without service.
The clerk. before the adjournment Of court,
shall make an entry of the amount to which
each juror is entitled from the State or from
county and corporation A certificate Of the
compensation from the State to be transmit
ted TO the auditor, and like certificate of
the compensation from the county or cor.
poration to the juror. who shall receive the
same from-the sheriff or collector, to whom i:
shall be refunded with interest by the audi
tor; or out of the county or corporation levy,
as the case may be.
lfan person shall be found guilty of a fraud
on the jury box, be shall be fined not less
than $4,000. The 18th section of chapter