Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-03-25


tn transmit to the Auditor certified copies of
all orders under this section. max mo allows
ances payable out of the State treasury.
"32. II shall be the duty of such clerk. as
soon as practicable after. the adjournment of
the court to deliver TO each Juror a cory ofany
order under the preceding section, making
an allowance to him payable out of the State
treasury. or o''t.nf the county treasury and
the sheriff OF such county shall upon demand.
pay to snch juror the amount allowed him.
which shall be repaid to the sheriff out of the
State treasury or ont of the county treasury.
upon production of satisfactory proof that the
same has actually been paid by him. ifany
sheriff fail to pay any such allowance as re-
Cured BY law. he may lie proceeded against
as for. a contempt of court
Penalty for Fraud on Jury Boz.
"S3. If any person shall be guilty of any
fraud either by practicing on the jury box
previously to a draft. or in drawing Juror.
or in returning into the jury box the name of
any person which has lawfully. been drawa
out. and drawing and substituting another
instead. or in any other way in the drawing
OF jurors, he shall on conviction thereof, be
punished by fine not exceeding five thou
sand dollars
Trial of Case an ,ohich juror, is Interested at
same TERM Disqualifes Hin.
''34 No person shall serve as juror, ex>
cept in trials for felony. at any term of court
during which he has any matter of fact to be
tried by jury, which shall have been or is
expected to be tried during the same term.
Trial by Jury may be Waiye1, or the Number
Reduced by Consent
"35. In any case, except case of felony,
in 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
OF law and fact may he heard and determined.
and judgment given by the court or by like
consent, the jury may consist of seven. and
in that case verdict shall be "a valid and
have the same effect as if it had been found
by jury of twelve.
"S6. The jury may in any case at the re-
quest of either party. be taken to view the
premises or place in question, or apy other
property, matter or thing relating to the con-
troversy between the parties, when it appears
to the court that such view is necessary to
just decision. 7'rouie7ea the party making the
motion shall advance q sum sufficient to de-
fray the enpenses of the jury and the officers
who attend them in taking the view. which
expenses shall be afterwards taxed like ether
legal costs.
Conduct Of Jurors and .Sle,1Gs.
''37. A juror knowing anything relative to
fact in issue shall disclose the same in omen
court, hut not to the jury out of the court. and
the count shall inform the jury of this pro-
vision.
''3S. After a jury has been enpanellcd no
sheriff or other officer shall converse with. or
permit any one else to converse with Juror.
unless by leave of the court.
80. The jury list prepared by the several
boards ofsupervisors of this State for the wear
1872, and now in the custody Of the clerk of
the circuit court of the several counties. shall
Immediately upon the passage of this act be
delivered by said clerks to the clerk of the
county court of their respective counties,
which said lst shall constitute and be the iury
list for said county until new list shall he
prepared in pursuance to the provisions of this
act Of acts
$40, All acts or parts Inconsistent with
this act or amendat"ry t" charter one hundred
and sixteen of the Code Of West Virginia are
hereby repealed
al. This act shall be in force and take
effect from and after its passage"
OFFICE OF SECRETARY OF STATE.
March II, 1878.
certify tina. the foregoing act having been
presented to the Governor for his approval,
and not having been returned by HIM to the
House of the Legislature in which it orici-
mated within the time prescribed bv he Con,
stitution of the State, has become law with
gu, his approval.
Z. HEDnfok, sec'y of Ststs.
STATE OF W Va, CL'Ks OFFICE II orD..
Charleston, March II, 1873
|, j. B. Peyton, Clerk of the House of
Delegates, and, as such. Keeper of the Rolls,
do hereby certify that the above is true and
perfect copy of an Act of the Legislature,
passed Narch ~, 1878 entitled can Act to
amend and re-enact Chapter one hundred and
sixteen of the Code and all Acts amendatory
thereto" as appears from tue records in my
Office
Given under my hand this the 18th day of
March, 1878. J 3 PEYroN,
Clerk of TT of u aud Kaanor of u Ill,