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

upon a grand jury shall be entitled to
receive one dollar and fifty cents for
each day he may so serve and the same
mileage allowed to witnesses, to be paid
out OF the county treasury, but he shall
not In any case receive more than three
dollars, exclusive of mileage, for services
rendered at one term of court.
"29. Any person summoned as afore-
said, by virtue of a uenire facins or 9th
erwise, and actually attending upon the
court, or attending At the court house at
the time summoned, whether he be
called to serve on jury or not, shall,
for each day he so attends, be entitled
to receive one dollar and fifty cents and
the same mileage allowed to witnesses,
to be paid out of the county treasury
Prorided, That for any day that any
persons shall be sworn to serve on a
case of felony he shall for that day be
paid two dollars out of the State treas
ury. There shall be taxed in the costs
against any person against whom judg
ment on the verdict of jury may be
rendered in a case of msdemeanor, and
against any person against whom judg
ment on the verdict Of jury may be
rendered in a civil action, and against
any person On whose motion the verdict
of Jury is set aside and new trial
granted, six dollars for jury costs, switch,
when collected from the party, shall be
paid into the county treasury. All
moneys so received BY the clerk shall
be forthwith paid by him to the sheriff,
and the clerk and his sureties shall be
liable therefor on his official bond as for
other money coming to his hands by
virtue OF his office. The clerk Of the
circuit and county court OF each county
shall annually certify to the county court
list of all the moneys paid to him and
by him paid to the sheriff, and in addi-
ton thereto, a correct list Of all cases
in which jury fees have been taxed and
are at the time properly due and paya-
bic into the county treasury, and the
sheriff of the county shall be held to &C
count in his annual settlement for all
such moneys collected by him.
$50. No juror who shall depart with
out leave of the court, or being summon
ed as witness for the State shall charge
for his attendance as such, shall be emit
tied to receive any compensation for his
services as juryman.
"3l. The clerk of any court upon
which juries are in attendance shall be-
fore the final adjournment at each term,
and under the direction of the court,
make an entry upon its minutes, stating
separately the amount which each juror
is entitled to receive out of the State
treasury or out of the county treasury
for his services or attendance during
the term. 1t shall be the duty of such
clerk as soon as practicable after the al
iournment of the Court, to transmit to
the Auditor certified copies OF all orders
under this section, making allowances
PAYABLE out of the State treasury.
1872. 1t shall be the duty OF such
clerk, as soon as practical after the adj
iournment of the court, to deliver to
each juror a certified copy any order
under the preceding section, making
an allowance to him payable out OF the
State treasury or out of the county
treasury; and the sheriff of such county
shall upon demand, pay to such Juror,
the amount allowed him, which shall be
repaid to the sheriff out of the State
treasury or out fthe county treasury,
upon production of satisfactory proof
that the same has actually been paid
him. If any sheriff fail to'pay any such
allowance as required by law. he may
be proceeded against as for contempt
Of court.
PENALTY FOR FRAUD on JURY BOX.
1873. If any person shall be guilty of
any fraud either by practicing on the
Jury box previously by ORATOR in draw
ing a Juror, or into returning into the
box the name of any person which has
lawfully been drawn out, and drawing
and substituting another instead, or in
any other way in the drawing of jurors,
he shall Oh conviction thereof, be pun
lshed by fine not exceedingfve thous
and dollars.
TRIAL OF CASE IN WHICH JUROR is INTER-
EsrED AT SAME TERN DlsQUALIfIEs HIM.
"34. No person shall serve as a juror,
except in trials for felony, at any term
of a court during which he has any mat
ter 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 WAIVED, OR THE
NUMBER REDUCED by CONSENT.
1876 In any case, except a 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 be heard and determined, and
Judgment given by the court; or, by
Ike consent, the jury may consist of
seven, and in that case verdict shall
be as valid and have the same effect as
if it had been found by jury Of twelve.
VIEWS
"36. The jury may in any case,at the
request of either party,be taken to view
the premises or case in question or any
property, matter or thing relating to
the controversy between the parties,
when it shall appear to the court that
such view is necessary to a just decision,
provided the party making the motion