Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-06-11
mo. All

AN ACT To provide for Struck Jurles in
the District Courts and Courts Of Common
Pleas in Ohio
Sec L. Be it enacted by the General AS.
sembly of the State Of Ohio, That wheheyera
struck jury shall be deemed necessary for
the trial Of any cause In the District Court or
Court OF Common Pleas, it shall be lawful for
either party to file with the clerk precipe
for such jury, when Il shall be the duty of
such clerk to give four days notice to both
parties, Of the time of striking the same; at
The time designated, said clerk shall attend
at his Office, and in presence of the parties. or
such Of them as shall attend for that pur-
pose. shall select from the number Of prrsons
qualified to serve as jurors within the county.
forty such persons as he shall think most in
different between the parties, and best qual-
fed to try such cause; and then the party
requiring such jury, his agent or attorney,
shall first strike off one Of the names, and the
opposite party, his agent or attorney, another;
and so on alternately until each shall have
struck out twelve. II either party shall not
attend, in person or by attorney, il shall be
the duty Of the clerk 10 strike for the party
not attending. When each party shall have
striker out twelve names as aforesaid, the
clerk shall make fair copy Of the names Of
the remaining sixteen persons, and certify the
same under his hand to be the list Of jurors
struck for the trial Of such cause, and the said
list shall be delivered to the sheriff or other
officer, together with the yenire facias, and
such sheriff or other officer, shall thereupon
annex the names therein contained to such
venre, and summon the persons named ac-
cording to the command Of such writ. And
upon the trial of the cause, the Jury go struck
shall be called as they stand upon the panel,
and the first twelve of them who shall ap-
pear. and are not challenged for cause, or set
aside by the court, shall be the Jury, and
shall be sworn TO try said issue.
Sec. o That if the clerk of said court shall
be interested in the cause, or related to eth
er Of the parties, or do not stand indifferently
between them, then, in every such case, eth
er one of the judges entitled to hold said
court, may, in term time. or in vacation. name
some judicious and dsinterested individual to
strike the jury, and to do and perform all
things required TO be done by such clerk re-
lating 10 the striking of such jury but in no
case shall it be necessary to strike such jury
more than six days previous to the sitting of
the court at which the case is to be tried
and three days service of the yenire shall be
held sufficient.
Sec. 8. That the party requiring such
struck jury, shall pay the fees for striking the
same, and one dollar per day for each juror
so attending, and shall not have any allow
; ance therefor in the taxation of costs unless
the court shall be of the opinion that the
cause required such special jury. in which
last case, the exit aordinary expense shall be
taxed in the bill Of costs.
Sec. L. That ajury struck for the trial of
any issue at particular term of the court,
may be continued with the continuance ofthe
canse, and be summoned in as jurors, at q
subsequent term, provided both parties con-
sent thereto, but not otherwise.
Sec. 2. That the provisions Of this act shall
not extend to any indictment for any offence
where the party is entitled to the challenge
peremptoriy. or without cause shown, moro
than two jurors.
Sec. O. That sections twenty y-one twenty.
two, twenty-three and-twenty four. of the act
, entitled san act relating to juries." passed
, February ninth, one thousand eight hundred
, and thirty be, and the same are hereby
repealed.
; JAMES C. JOHNSON,
Speaker of the House of Repr's.
WILLIAM MEDlLL,
President ofthe Senate.
March IS, 1853.