Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-03-23
THE JUDICIAL CONVENTION.
Result Of the Deliberations I'm RASH
vtlIs-zmDOFtaBt Changes in Circuit
Ceurt snd Criminal Practice Recon-.
mendsd.

meeting mex fall. Their lsbors of inves-
tigatiOn were not confined to the Jury fsa-
turf of civil cases, but extended over q
wide field OF judicial usage. On the ques-
ton OF
JURIEs IN CIVIL CASES,
they drew mp the following bill, which
will be submitted to the legislature:
SECTION !, That In all civil cases now
pending or hereafter brought In ths courts
of common lsw Jurisdiction, the Judge
presiding, IN his discretion, shall try the
same without a jury unless one Of the
parties, plaintiff OF defendant, demands a
jury, In which event he shall be tried by
s jury.
Sec 2. Thst in csso there are more than
one plaintiff or defendant, and any one of
them demands q trial by jury, the trial
shall be granted as to al.
Sec. 3. That in all cases originating In
these courts where a jury Is demanded.
such demand must be made on the face
of the plesdings at the time Of filing tho
declaration or plea, a. follows:
The plzintif demands q jury, or the de-
PENDANT demands a jury. In all cases
brought by appeal to such courts, certio.
TdTi, or merits Of error cordm nobis, the
demand for q jury may be made within
the three first days of the term TO which
the process or papers In the cause are re-
t~urnshie, and If the term does not last
three days, by the time the case Is called
for trial, which demand shall be made in
open court and entered of record.
Sec. 4. That in all cases now pending in
the courts, where 8 jury is demanded As
hereinafter provided, It shall be mEde
within the three first days of the term
next succeeding the time at which this set
takes effsct, and the party or parties de-
msn1ing the same shall pay into court, or
sscul:e q jury fee Of ton dollars, or take
the pauper oath as O. tae law now IN
fCrce for the bsr eft of poor narsons.
SEQ. 5. That in all suits hereafter
brought, when the plaintiff demands q
jury, the jury fee Of ten dollars shall be
taxed against him as costs Of the cause
and shall be covered by the prosecution
bond, and judgment shall be rendered
sgainst him after verdict for the same. II
the defendant demands a jury he shall, at
the time Of making thu demand, enter
into bond before the clerk, with good Sc
cuTity, in b sum Of twenty dollars, pay
able to the State of Tennessee for the use
of the county, conditioned for the psy.
ment of said jury fee, and after verdict of
the court, shall render Judgment against
him and his securities upon his bond,
provided that in all cases where the party
or parties demanding the Jury shall &c
company the demand thereof with an
afhdavi5 that owing to his or their poverty
no OE LADG III A11BAG ~ DbAI Eu0 bAD6HAEG
of the Jury, and verify believe he or they
have good Of action or defense, no
bond shall be required, but after verdict
Judgment shall be rendered against such
party or parties for tbs same, and IN sl
cases of judgment, as herein provided,
execution shall issue returnsble to the
next term of the court; but nothing here
in contained shall be construed as inter-
fering with any psrty's right to pay the
inv faa ~ kga not kha-a1N f~E1 o1,-N
Sec. s That in all cases where one or
moro of the parties, plaintiff and defen-
dant, demand the jury and there Ia a YER
dict, judgment for the jury fee shall be
rendered sgsinst the losing party, and his
security on the bond IS herein provided,
and collected as a part of the costs of the
cause, but nothing In this act contained
shall be construed so as in any msnnsr
affecting tbs provisions of the code in re-
gard TO special juries.
Sec, Z. That the Jury fee, when collected
by the sheriff upon execution, or by the
clerk before or after execution, shall be,
by the officer receiving the same, paid to
the county trustee within thirty days
after the same ia collected. and in defsuit
of said payment, the same, with fifty per
cent. added, shall be collected in the
name of the Sta'e for the use of the
county by the attorney-general of the
80 80 "a 49, az "a WAOAO E4U
JUDGMENT is rendered against the officer
default, and his sureties upon his official
bond.
Sec g. Jurors shall be paid as now pro.
vided by Law, as well the Jurors engsged
sctUal trial of a cause, as the extra
Jurors, If any, in attendance. If the
court of its " motion shall call a jury,
there shall be no jury fee taxed.
Sec 8. That hereafter the clerk OF the
courts aforesaid shall divide the cases
upon their dockets into two Glasses, SON.
o fjury cause and non jury causes,
and b cases in each class are to be tried
In such order es tbs court may from time
TO time direct.
Sec. 10. The cost of witnesses examined
orally shall bs taxed to the party calling
them, but the proof in n case may be
taken &c in ohanoery causes and the cost
taxed to the unsuccessful party,
Sec. IL. That the tses OF the attorney
general, clerks and sheriff for the dutieS
required OF them under b provisions of
Get shall be the same as those now
by law for similar services.
$50 u, That this act shall lake effect
thirty days sfter its passage.
In relation to juries on criminal trials
.he following law wss recommended to
PISSED:
SPEEDY CRIMINAL TRIALS.
Al aCL 10 AuDlu TeileI 70 Inc county OV pros K
viding proper remedies for the speedy trial
Of causes on the criminal docksts Of the
State:
sEoTION 1 The qualification Of Jurors,
g~rsudjUrors, in all criminal or
,iyil suits in any OF this State shall only |
thEt he Is q citizsn CT the State and |
county is twenty-one years of age, ospa-
Die Of hearing and understanding the
English LANGUAGE in ordinary use, snd ia
not disqualified under Section zoos of the
Jode.
Sec. 2. That If q party otherwise quail
led Is examined az q juror, and he states
hat no has no such bias or prejudice in
he csse, and no suoh fxsd or settled
as to the guilt or innocence Of the
an render sn impartial verdict upon the
estimony given on trial, then he shall be
idjudged a competent Juror, unless his
.ncompetsney otherwise appesrs.
Sec. 3. No new trisl shall be granted
q any cause, civil or criminal, for want Of
Qualification of q Juror, unless exception
J made az the time the juror is rendered.
Sec 4. The following p~aremp!ory chsl-
and none other shsll hereafter be
llowed to the Stats and defendant:
In capital cases each defendant shall
ave fifteen and the State ten for each de-
In all other fslonies, the de-
sndSnt shall have eight and the State q
Ike number for each defendant; and In
nisdemeanor cases b State and defend
ut shall in esoh case have three chsl-
Seo. 5. That In al criminal t.isls not
apital, nor extending to Imprisonment
= the psnitentiary under the statute
Avs for q longer period than ten years,
judge trying the cause, in his discre-
on, may allow the jury to separate and
during the recess and intervals
I adjournment from day to day during
term,
Sec. 6. Ia all criminal trials, except in
apital cases, 6 defendant may waive any
.ght in person, in any open court, and
1eh waiver shall In no case be held in !
rror, or ground for now trial.
SEQ. 2. The public welfare requiring 1t,
Ills acs shall take etfsct from and after
5 passage.
A resolution was also adopted request.
10 supreme court to publish the opinions
that court as soon after baing pro-
Ounoed as possible, In one ors more
swspspers In each grand division Of the
,sse. c
In addition to this, they adopted a num- {
% OF recommendations to the legislature c
among Others to divide larceny into
rec grades: ten dollars and under, over
n, thirty and above thirty. The first to
punishable In g workhouss to be pro-
ded, the second to constitute petit isr-
ny and the last grand larceny. The
OF receiving stolen goods TO be !,
vided into similar Glasses Also recon- =
ended that bonds and recognizsnoes be =
cd until the cause il disposed of. Also n
at the replsvin laws of this State should 4
30 amended as to permit the defendant
repleYln salts to remain in possession
the property In controversy until the =
of the suit, provided he will
Te q good bond In double the value of
3 property to abide by and perform the
OF the court.
COUNTY WORK HOUSE.
That county courts In such coun-
8 where there Is no work houses
ablished msy appoint certain commits o,
ners, not less than three nor more q
IN i've in number, clothed with full
end authority TO farm or lease out
any contracting party, during the term
their Imprisonment, and until they