The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1871-04-27

empanneled as jury for the trial Of causes,
and shall be called the first jury. The next
twelve on the list shall be sworn and empan-
neled in like manner, and shall be called the
second jury.
Sec. IL. Supernumerary jurors may be ex,
cused, from time to time until wanted, anu
may be put, on either of the juries, as occasion
requires, in the place of absentees- N0tning
herein contained shall prevent the transferring 9
of jurors from one jury to another when tne
convenience of the Court or of the Jurors re-
quire it.
neIed shall retire and choose their foreman, or
shall make such choice upon retiring with the
/ first cause with which they are charged and
| whenever the foreman is absent or excused
/ from further service, new foreman shall be
| chosen in like manner.
SEC. 10. Nothing contained in the preceding
Sections shall apply to the empanneling OF Ju-
ries in criminal cases but the jurors shall be
called, sworn and empanneled anew for the
trial of each case, according to the established
practice, and their foreman shall be appointed
! by the Court or by the jury when they retire to
consider their verdict.
! Sec. 20. When, by reason OF challenge, or
otherwise, or sufficient number OF jurors duly
drawn and summoned, cannot be obtained for
| sNO
/ Court shall cause jurors to be returned from
the by-standers or from the County at large,
to complete the panel: Provided, That there
are on the Jury not less than seven of the jurors
who were originally drawn and summoned, as
before provided.
Sec. q. The jurors so returned from the by
ISLANDERS. or the County st large, shall be re-
turned by the sheriff, whose duty it shall be to
be present during the entire term of sitting OF
any Court in their respective Counties, and
shall be such as are qualified and liable to be
drawn as jurors, according to the provisions OF
this Act.
Sec %. The Court shall, on motion of eth
er party in suit, examine on oath, any person
who is called as q juror therein, to know wheth-
er he is related to either party, or has any inter
est in the cause or has expressed or formed
any opinion, or is sensible of any bias or pref
Sudice therein, and the party objecting to the
Juror may introduce any other competent evi-
dence in support of the objection. If it ap-
pears to the Court that the juror is not indifer-
ent in the cause, he shall be placed aside as to
the trial of that cause, and another shall be
called.
SEC. %. In indictments and penal actions
| for the recovery of sum Of money, or other
thing forfeited, it shall not be cause OF chal-
! lenge to juror, that he is-liable to pay taxes
in any County, city or town, which may be ben
Gifted by such recovery.
Sec. "a. If party knows ef any objection
to juror in season to propose it before the trl-
al, and omits to do so, he shall not afterwards
be allowed to make the same objection, unless
by leave of the Court.
SEC. 25. No'irregularity in any writ of Ue1aire
fncias, or in the drawing, snmmoning, return
| ing or empannelng of jurors, shall be sufficient
to set aside verdict, unless the party making
the objection was injured by the irregularity,
or unless the objection was made before the re-
turning of the verdict.
| SEC. 26. IF either party in a case in which
verdict is returned during the same term of the
Court before the trial gives to any of the jurors
who. try the cause anything by way of treat or
gratuity, the Court may, on the motion of the
| adverse party set aside the verdict, and award
a new trial of the cause.
| Sec. 81. When jury after due and thorough
| deliberation upon any cause, return into Court,
without having agreed upon verdict, the
| Court 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 deliberation, but if they return
second time without having agreed upon YER
dict, they shall not be sent out again without
| their own consent, unless they shall ask from
the Court some further explanation of the law.
| Sec. %. That the said Jury Commissioners
appointed by the Governor shall receive for
their service three dollars per day for every
days actual service in performing the duties
| imposed by this Act; such number of days not
| to exceed the number of days the Court for
such CountY shall be in session, together with
five days to complete the lists and draw the ju-
rors to be paid out of the Treasury of their re-
spectiYe Counties.
SEC. 20. The jury in any case may, at the re-
quest of either party, be taken to view the place
| or premises in question, or any property, mat
ter or thing relating to the controversy between
the parties, when it appears to the Court that
such view is necessary to just decision: Pro-
vided, The party making the motion advances
sum sufficient to pay the actual expenses of
the jury and the officers, who attend them in
taking the view, which expenses shall be after
wards taxed like other legal costs, if the party
who advanced them prevails in the suit.
Sec. 80. If person duly drawn and sum-
moned to attend SIS juror in any Court neg
lects to attend without sufficient excuse, he
shall pay a fine not exceeding twenty dollars,
which shall be imposed by the Court to which
| the Juror was summoned, and shall be paid in
to the County Treasury.
| Sec. 81. When by neglect of any of the du-
ties required by 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 mot exceeding one hundred dol
lars, to be imposed by the same Court to the the
committed.
SEC. 80. If the Board of Jury Commission
ers shall be guilty of fraud, either by practi-
cling on the jury box previously to draft, or
in drawing juror, or in returning into the
box the name of any juror which had been
lawfully drawn out, and drawing or substitu-
ting another in his stead, or in any other way
in the drawing of jurors, he shall be punished
by a fine not exceeding five hundred dollars, or