The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-11-04

may state anew the evidence, or any
part of it, and explain to them anew
the law applicable to the case. and
may send them out for further deli
beratlon; but if they return second
time without having agreed upon a
verdict. they shall not be sent out
again without their own consent, un-
less they shall ask from the Court
some further explanation of the law.
AAAllI. The jury in any case
may, at the request of either party,
be taken to view the place or premis-
es IN question, or any property, mat
ter or thing relating to the contro-
versy between the parties, when it
appears to the Court that such view
is necessary to just decision: Pro-
otded, The party making the motion
advances sum sufficient to pay the
expenses of the jury and the officers
who attend them in taking the view,
which expenses shall be afterwards
taxed like other legal costs, if the
perty who advanced them prevails in
the suit.
&AAlV. If o person duly drawn
and summoned to attend as q Juror
in any Court neglects to attend, with
out sufficient excuse, he shall pay q
fine not exceeding twenty dollars;
which shall be imposed by the Court
to which the juror was summoned,
and shall be paid into the County
Treasury.
AXXV. When by neglect of any
of the duties required in this Act to
be performed by any of the officers
or persons herein mentioned, the
jurors to be returned from any place
are not duly drawn and summoned
to attend the Court, every person
guilty of such neglect shall pay fine
not exceeding twenty dollars, to be
imposed by the same Court to the
use of the County in which the Of
fence was committed.
XNXVI. If any City or Town
Clerk, Selectman, Mayor or Alder
man is guilty of fraud, either by
practicing on the jury box previous
ly to draft, or in drawing a Juror.
or in returning into the box the name
of any juror which had been lawful
ly drawn out, and drawing or substi-
tnting another in his stead, or in any
other way in the drawing of Jurors,
he shall be punished by fine not
exceeding FIVE hundred dollars.
AXAVII. Nothing contained in
this Act shall affect the power and
duty of Coroners, Magistrates or
Justices of the Peace to summon and
empannel jurors, when authorized
by other provisions of law.
XXXVIII. The Clerk of the Court
OF General Sessions for each County,
not less than fifteen days before the
commencement of the first term of
the Court in each year, shall issue
writs of penire facidS in each County
for eighteen grand jurors to be re-
turned to that Court, who shall be
held to serve at each term thereof
throughout the year, and until an
other grand jury is empanneled in
their stead.
NNNIX. Grand jurors shall be
drawn, summoned and returned in
the same manner rs jurors for trials;
and when drawn at the same time as
jurors for trials, the persons whose
names are first drawn, to the number
required, shall be returned as grand
jurors, and those afterwards drawn
shall be jurors for trials.
&L. In case of deficiency of grand
jurors in any Court, writs of Uenire
JdciaS may be issued to the Consta-
bles of such cities or towns as the
Court may direct to return forth
with such further number of grand
jurors as may be required.
ALl. No more than thirty one per-
sons to serve as petit jurors shall be
drawn and summoned to attend, at
one and the same time, any Court,
unless the Court shall otherwise
order.
XIII. This Act shall take effect
from and after the organization Of
the townships under the Act entitled
Gan Act to define the jurisdiction of
County Commissioners" except the
Sections from twenty-one to thirty
four, both numbers inclusive, which
shall take effect Immediately.
In the Senate House, the twenty
sixth day of September, in the
year of our Lord one thousand
eight hundred and sixty EIGHT.
l.. BOOZER,
President of the Senate.
F. j. MOSES, JR.,
Speaker House of Representatives
Approved:
r. X. ScoTT Governor