Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-03-25
THE JURY LAW.
An act to amend and re- enact chapter one
hundred aud sixteen of the Code and all

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OF the Code of West Virginia, and all acts
amendatnry thereto, are hereby amended and
re enacted so 10 read IA foliows
lho Lube TO Srrne and who Erempt as
Jnrurx
j. All white male persHrs who are over
twenty one years. OF age and not over sixty,
and who are citizens of this Suite, shall be
liable to serve as jurors, except as hereinafter
provided.
2. The Governor of the State, practicinp
attorneys, aud physicnns, officers of any court.
all telegraph operators actually engaged as
such in any office in this State, and all persops
mentioned in the second aud fourth sections
OF chapter ninrteen as exempted from military
duty (sxcept school commissioners, persons
exempted under the second section by reason
OF having relatives dependent upon them for
support, or in the military service of the
United States or of this State, officers of the
militia who resign their commissions after
serving seven years successfully. and officers
and members of uniformed and armed com
papy. who shall have served three years, shall
be exempt from serving on juries.
Jurics = No,e Organized and .Sunlnaonea
5. If case of felony be for trial in cir
cult court the clerk thereof shall issue a
r"nire .facins to the sheriff of the county. CONS
handing him to summon twenty -four qualified
Jurors to attend the said court on the first dav
of tho term ; which jury tho court may st
any time in it's discretion discharge.
4. When any court thinks it necessary it
may order its sheriff or other officer to suns
mon any number OF jurors to attend fortl,>
with, or at any subsequent day of the term.
IS. IF any sheriff fail to summon Jurors ac.
cording to the preceding section, or shall
knowingly summon persons not qualified to
serve, or exempt from serving as Jurors, he
shall! be fined by the court not exceeding
twenty dollars, end if any person so sum-
:moncd fail to attend as required, without suf-
fcient excuse, he shall be fued By the court
eight dollars
SO Should the county conrt or any ether
court or tribunal established in lieu of a county
court in any county, at the levy term thereof,
deem 1t proper to adopt another mode OF sum,
E"nng juries for the trial of criminal and
civil causes, in the courts ofsuch county. than
is provided tor in the three preceding sections,
such court OF other tribunal may enter its de.
termination on it's minute or order book -
And in such case jurors for the trial of crn>
inal and civil causes in the courts of such
county shall be summoned and required to at
tend according to the provisions of the seventh.
eighth, ninth, tenth, eleventh, twelfth, thir-
tcenth, fourteenth, fifteenth, sixteenth and
thntY>hEth sections of this act, and any OF her
provision thereof applicable to such mode of
summoning juries.
Il. Tho county court or other court or tri-
bunal adopted in lieu OF u county court shall,
at the levy term thereof, when majority of
all the justices of the peace of the county are
present, and acting, annually prepare list of
such Inhabitants Of the county, not exempted
as aforesaid. as they shall think we'll qualified
to serve as Jurors, being persons of sound iudg
mend and free from legal exceptions, which
list shall include at lenst twenty persons for
every thousand inhabitants in such county.
but in no case shall such list include d less
number than one hundred persons
IS. The list so prepared shall be delivered
to the clerk Of tho said county court. or other
court or tribunal adopted in lieu of county
curt, to be BY him safely kent, subject only
tn the inspection q: the court or of the cierk
of the circuit court, or Justice of the peace
as hereinafter prescribed and the court NAV
strike from such list the name of any person
who has been convicted Of any scandalous
ntiense, or hccn guilty Of any gross immortality.
% AT the time such list is made out the
county court, or other cnutt OF tribunal adopt.
the names upon the same to be fairly written.
eacs! on n separate paner or ballot, and sha II
fold or roll up the ballots so as to resemble
each other az nearly as may be- and so that
the name written thereon shall not be visible
on the outside. and shall dsnnsit the hallnts in
secure box, to be prepared for the purno,e.
which shall he safety kent nv the clerk. and
shall be opened only by The order Of the county
court or other court or tribunal, adopted in
lieu of county court, or as hereinafter pre-
scribed
40 All jurors required for the trial of
cases 10 any circuit or county cnurt, shall be
selected by drawing ballots from the said box
in the manner prescribed in this act. and the
persons whose names are written on the ballots
so drawn shall he returned to serve as Jurors.
III. The clerk of every court shall at least
thirty days before any term of such court, at
which jury may be wanted issue a write of
r""'re fHcins for thirty jurors unles. the court
shall order a greater or less number, in which
event the writ shall issue for such other mum
Der. Such wri. shall require the attendance
of the jurors on the first day of the court, or
on such other day thereof as the court or Judge
may order
''l2. At the same time the clerk shall issue
summons in the name of the State. reouir-
Ing, If 1t be for the circuit court and if it
be TOR tho county court. the clerk of the cir
cut court. to attend a, the clerks office of the
county court Of snch county. on day named
in such summons. which shall MT be less han
twenty days before such term, for the purpose
OF drawing the ha!lots for the number of in,
rors mentioned in said writ. If the clerk of
the county c"ur, he also clerk of the circuit
e"nrt, the Summons shall require justice Of
the peace 10 attend for such purpose.
''l3 The writ of cenirc f,cias and sum,
mons shail he delivered to the sheriff or other
officer, who shall serve the summons on the
clerk of the circuit court, the clerk of the
county court or justice Of the peace. as the
case may be; and it shall be the duty of such
clerk or justice of the peace to attend on the
day designated IN the su'ntaons at the clerks
office OF the county court Of the county and
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