The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-03-14
Senate Bill No. 100.

one hundred sud sixteen OF the code
and to amend and re-ensct chapter
twenty OF the acts Of 1870, and tc
amend and rr-ensct chapter fifty o.
the acts OF 1871, concern ng juries.
Be it enacted BY the Legislature Of Wes
Vir9inia
l. That chapter one hundred and ak.
teen Of the code, chapter twenty Of the
acts OF 1870. and chapter fifty Of the
acts OF 1871, concerning juries, be
amended and re enacted 80 as 10 read as
follows:
2. All white male persons who are
tweuty-one years Of age, and not over
sixty years OF age, who are OF sound
mind, and not psupers, and have not
been convicted OF treason, felony, petit
larceny, perjury, bribery. or other in
'amous offence, aud have not been par
doned therefor, and who are not public
defsulters, aud who have resided in the
state for one year, and in the county Tor
thirty days, shall be liable to serve as
Jurors except as hereinafter provided.
8 The governor OF the state, practic-
ing attorneys and physicians, officers OF
any court, all telegraph operators sctu-
ally engaged as such 10 any office in
this state, and sll persons mentioned 10
the second and fourth sections OF chap,
ter nineteen OF the code, as exempted
from military duty Except school COM
m ssioners, pers ons exempted under the
second section by reason OF having re-
Iatives dependent upon them for sup
port. or in the military service OF the
United States. or OF this state, officers
OF the militia who resign their commits
sions after serving seven years success
slvely, and officers aud members OF q
uniformed and armed volunteer compa-
nv, who shall have served three years.,
shall bt exempted from serving on ju-
ries.
4 No person shall be admitted TO
serve as a juror, except in trials OF felo-
nv, at any term OF the court during
which he has any matter OF fact to be
tired bv jury, which shsll have been, or
is expected TO be tried during the same
term.
5. No exception shall be allowed
against any juror, after he has been
sworn upon the jury, on account OF his
age or other legal disability.
6. II q case OF felony be tor trial in
circuit court the clerk thereof shall, in
slxtv days before the commencement OF
the term at which the trial may be had,
issue venire fdcidS TO the sheriff OF the
county, commanding him to summon
twenty four qualified jurors to attend
the said court, or other court or trIbu-
nal, on the first day of the term which
jury the court, or other court or tribu-
nal NAV at any time in its discretion
discharge.
7. Wnen any court thinks it neces-
sary it may order its sheriff or other
officer to summon any number OF jurors
to attend forthwith, or at any subse-
quent day OF the term.
8 If any sheriff fail to summon
jurors according to the preceding sec
ton, or snail Knowingly summon per-
sons not qualified to serve, or exempt
rom serving as jurors, he shall be fined
by the court not exceeding twenty dol
lars; and 1t any person so summoned
fail to attend as required, without suffi- =
cient excuse, he shall be fined by the
court eight dollars.
9. Any court may allow special
jury 10 any case, 10 be formed 10 the
following manner, viz: A panel shall
be made Of twenty qualified jurors, to be
summoned by an order Of court for that
purpose, free from just cause OF excep-
ton the parties thereupon, beginning
with the plaintiff 9 attorney, or the
prosecuting attorney, when the State is
a party, shall alternately Y strike of one,
until the number be reduced TO twelve,
which number shall compose the jury
for the trial OF the case.
10 No juror who shall depart with
out leave OF the court, or, being sum
moned in the presence Of some other
Justice called Tor that purpose, as q
witness for the State, shall charge for
his attendance as such, shall be entitled
TO receive any compensation for bis
services as jurymsn.
ii. III any case, except q case Of
felory, 10 which trial by jury would
be otherwise proper, the parties, or their
counsel. by consent entered OF record,
may waive the right to have jury,
and thereupon the whole matter ot law
and tact may be heard and determined,
and judgment given by the court or,
by like consent. the jury may consist
Of six, and in that case verdict shall
be az valid and have the same effect a.
il it had been found by jury Of
twelve
II The jury, in any case, at the re-
quest OF either party, may be taken TO
view the premises or place in ques tion,
or any property, matter or thing re!s-
ting to the controversy between the
parties, when it shall appear to the
court that such view is necessary to q
Just decision; provided the party max
ing the motion shall advance q cum
sufficient to dsfray the expenses Of the
jury and the officers who attend them
in taking the view; which expenses
shall be afterwards taxed like other
legal c"s,s.
l3 A juror knowing anything rela-
tive to q tact % Issue shall disclose the
same in open court, but not to the jury
out of court and the court shall INFORM
the jury OF this provision.
After q jury has been impanelled, no
sheriff or other officer shall converse
with, or permit soy one else to con-
verse with juror, unless by leave Of
the court
IL Tue court shall, on motion OF
either party 10 any suit examine On
oath any person Who is called ss q ju-