The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-01-11

the nature of the business shall require
Jury, the Judge shall direct the Sheriff tt
summon a Common Jury. Thereupon
the Sheriff shall return the names of eigh
teen citizens of the District, and from
these ninc shall bo drawn, in the presence
of the Judge, at least ten days before the
said monthly sitting; and the Jury SC
drawn shall be summoned by the Sheriff
and served with tickets, at least five days
before they are required to attend; and
they shall be bound to attend under tue
penalties which may fall upon defaulting
Jurors in the Superior Court of Law. Oi
those who attend, six shall be drawn in
open Court, of whom the four first drawn
shall constitute the Common Jury for that
sitting, the other two being supernumera-
ries, to supply vacancies. The others
who may attend shall be discharged
without pay; but the six drawn shall be
entitled to like pay as Jurors in the Su-
perior Court of Law. If less than six,
out of the nine summoned, should attend,
the Sheriff shall summon sufficient num-
Der that may be drawn of the original
eighteen, or in case Of their insuffciency,
of any other citizens. Provided, No per-
son shall be required to attend as Juror
more than once in six months. The right
to challenge peremptorily one Juror is
given to the accused and to the prosecu-
ting officer in any criminal case triable
before Jury, at monthly sitting; and
the same right is given to each party in
civil suit there triable; unanimity of the
four Jurors shall be requisite for verdict
XVI. Four times year there shall be
quarterly sitting Of tho District Court
to be continued as long as business may
require, and if necessary to be adjourned
from week to week; at which, besides
any business that may be done at a
monthly sitting, may be tried cases Of
summary process pending in the Court
civil suits, above the summary jurisdlc-
ton. wherein one or both of the parties
are persons of color punishable by death
without benefit of clergy, of which per-
sons of color may be accused, and any
other matters pending in the Court. The
proceedings in the cases soverally shall
be, in general, similar to those in like
cases in the Superior Court Of Law, sub
icct to the diversities in form which may
be produced by the rules adopted by the
Court of Appeals, as hereinafter provided
XVII. For each quarterly sitting, Ju-
rors shall be drawn at monthly sitting
not more than forty nor less than ten
days before such quarterly sitting, who
shall, under a venire, be summoned by
the Sheriff five days preceding the time
which may be fixed for tho commence
ment OF the quarterly sitting. With
view to these Jurors, once in every two
years list shall be procured from thu
Tax Collector; from that the names O
all Jurors qualified to sit as Jurors in th'
Superior Court, shall be entered on tick
cts. and from these tickets there shall b'
drawn, for each quarterly sitting, twcn
four, to be copied in the panel annexed
At the quarterly sitting, from those o
the twenty-four who attend, eight shal
be drawn, in open Court, who shall con
stitute Grand Jury, and twelve shall b'
dawn, zHho shall constitute Petit jury
of six, to be called a. Special Jury, ant
six supernumeraries. Of the Grand Ju
rors, the concurrence of six shall be ne
cessary to the finding of a true BILL Ii
the Special Jury, unanimity of the si1
shall be required for verdict. At thu
opening of a trial, in a capital case, a
least twelve Jurors shall be present, ant
of these the accused may make peremp
tory challenges, until the number shal
be reduced to six. At the opening of
trial in civil suit, or in criminal cas-
not capital, not moro than ten Juror
need be present, and each party alter
natcly in a civil suit, and the accused, il
a criminal case, not capital, may make pc
rcmptory challenges, until the Jury o
six is left. If there should not be suffi
cicnt reduction by challenges, the si'
shall be ascertained by drawing. An in
sufficient number in any instance shall b
supplied by Jurors whom the Sheriff shal
summon, of the same persons, and in tn
same way, as has been hereinbefore prov
dcd in respect to a common Jury.
Special Jury may do anything for whicl