Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1873-03-22

summons on the clerk u tne ChcuiI
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 tG attend on the day
designated in the summons, atthe clerks
office of the county court, of the county,
and in the presence of the clerk Of the
court for which the jury is to be drawn,
to cause the proper number of jurors to
be drawn from the box, and list there
of to be delivered to the officer serving
the summons.
"14. If the clerk or justice aforesaid
fail to attend as required by said sum-
mons, such jurors shall be drawn by the
clerk of the court for whose court the
jury is to be summoned, in the presence
of some other justice, and he shall place
the list thereof in the hands of the sher-
iff or other officer. And it shall be the
duty of such officer, at least three DAYS
before the time when the jurors are re-
quired to attend, to summon each per-
son who is drawn, to attend the sittibes
of the court, at the time and place men
toned in the writ, and make due re-
turn thereof, and of the summons afore-
said, to such court at the opening there
of.
"l5. When jurors are to be drawn as
aforesaid, the ballots in the jury-box
shall be shaken and mixed together, and
the clerk or justice shall openly draw
therefrom as many ballots without in.
speeding the names written on any until
the proper number is drawn, as shall be
equal to the number of jurors required;
and if any person whose name is so
drawn is exempted by law, or is unable,
by sickness, absence from home or 9TH
er cause, to attend as juror, his name
shall be returned to the box; or if his
name has been struck from the jury list,
the ballot shall be destroyed,a and anoth-
er shall be drawn in its stead.
"16. When any person is drawn and
returned to serve as aforesaid, the clerk
or Justice shall cause to be endorsed on
the ballot containing his name the word
"drawn," and shall return it to the box,
and the date of the draft shall be enter
ed on the list of jurors opposite his name.
"l7. No person, who, in pursuance
of such draft, has actually attended any
court and served as juror, shall be liza
, BILE to be drawn again during the same
year, unless all the persons whose names
ale in the jury box have been drawn to
serve during such year.
"1S. Nothing contained in the pre-
ceding sections shall prevent any court
from issuing writs of Uenire facins in
term time for additional jurors, or re-
curing other jurors to be summoned by
the sheriff, without such writ, whenever
! it shall be found necessary and convent
ent dispatch in business, in which case
the writ, if issued shall be served and
returned, and the jurors shall be requir-
ed to attend OH such days as the court
shall direct
"l9. On the day when the jurors are
summoned to attend any court, the clerk
shall write the name Of each one who
shall be in attendance and not excused
on a separate paper or ballot, and place
the same in box to be kept for that
purpose, in the manner prescribed in the
ninth section of this act; and juries tor
, the trial of cases shall be selected there
from by lot.
"2O. If any person duly summoned
to attend as juror in any court shall
neglect to attend, without any sufficient
excuse, he shall pay fine not exceed
ing twenty dollars, which shall be i'm
posed by the court.
Cpl. If in the opinion of any court, a
lesser number of jurors than thirty will
suffice for the convenient dispatch OF
the business thereof, it shall be the duty
of such court to enter such opinion of
record, expressing therein the number
of Jurors proper to be summoned; and
thereafter, until otherwise directed, the
venirs (acias shall not require greater
number to be summoned to attend such
court.
500. Any court, when not incompati-
BILE with the proper discharge of its
business, shall have power to discharge
persons summoned as jurors therein, or
dispense with their attendance on any
day Of its sitting.
; QUALIFICATION AND DISQUALIFICATION OF
JURORS; WHEN BXCEPTED TO.
''23. The court shall on motion of
either party, in any suit, examine on
oath, any person, who is called as a Iju-
/ ror therein, to know whether he is a
qualified juror, or is related to either
party, or has any interest in the cause,
or is sensible of any bias or prejudice
therein; and the party Directing to the
Juror may introduce any other compe-
tent evidence in support of the objec-
ton; and if it shall appear to the court
that such person is not qualified juror,
or does not stand indifferent in the cause,
another shall be called and placed in his
stead for the trial of that cause. And
in any case the plaintiff and defendant
may each challenge four jurors peremp-
tolily.
"24. No exceptions shall be allowed
against Juror after he has sworn upon
the Jury, on account Of his age, or other
legal disability, unless by leave of court.
80. No irregularity in any writ of
uenire facias, or i'll the drawing, sum
moning or impanneling of jurors, shall
be sufficient to set aside verdict, un-
less the party making the objection was
injured, by the irregularity,or unless the
objection was made before the swearing
of the jury,