Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-09-04
STRUCK JURIEs.
A Law Not Generally known TO be
ON the Statute Books.

oh tut StHtute BOOKS.
In 1875 the Legislature of Nevada passed
a law which provides for struck juries.
Hon. Thos. Wren, Of Eureka, was the
author of the bill. The idea Of the law
was to circumvent, if possible, the buying
Of jurors in heavy mining and other cases.
The law has remained comparatively a dead
letter since its enactment. We do not
know that any case has ever been tried
under it; certainly non in the Eureka
Court. Two cases, however, are put down
for the present term-Con Reilly vs.. H.
Heyneman and A. NJ. Cohen VS.. E. & P.
Railroad Company. As the law regard
ing struck juries is something of a nov
city, we quote its main features, as fol-
lows
II either party to the action shall, prior
to its being set for trial, file and serve
upon the opposite party an affidavit show
ing that property or money of more than
the value of ten thousand dollars is in
volved in the controversy, together with a
notice that he will demand a struck Jury
for the trial Of the same, the Court shall
at the time of setting the cause for trial,
if it be satisfied that said amount or more
is really involved, and if the party demand
ing such struck jury shall deposit a sufi-
cient amount to pay the expenses of OBJ
tainining the same, make an order that the
cause be tried by a special struck jury,
which shall be obtained in the following
amer The Judge shall proceed forth
with to draw from the jury box a list Of
one hundred names Of jurors therein con-
tanned, which list shall be open to the in
spection of either party at all proper times
after being drawn. AT q time to be ap-
pointed by the Court, not less than twenty
four hours after the completion Of such
list, the parties shall be required, in open
Court, to strike from the list alternately,
the plaintiff striking first, till there shall
be but fifty names remaining. Such fifty
remaining jurors shall thereupon be sum
moned, as provided by law, to appear in
Court on the day fixed for trial. They
shall not be bound to attend unless when
summoned they are paid or rendered their
fees one days attendance and mileage from
their place OF residence, If they demand it.
When the venire is issued for said jurors,
either party shall lave the right, upon pay
ment Of his fees, to demand of the Clerk a
duplicate Of the venire, and he, or any cit
izen Of the State in his behalf, may serve
the same, which service shall have the
same effect as if made by the Sheriff of the
county. II on the day they are directed to
attend, less than thirty jurors are in at
tendance, or if any Of the jurors are for
good cause or by consent of the parties ex-
cused by the Court, so as to reduce the
number below thirty, the Court shall
thereupon, if either party demand it, draw
from the jury box an additional list of
names, not less than double the number so
deficient, who shall be summoned as herein
provided to attend forthwith, or on any
day to which the trial may be adjourned;
and this process shall be continued till
there are at least thirty jurors for the
parties to choose from; provided, that if
any juror disobey the m to attend,
the Court shall, if either party demand it,
compel his attendance by attachment be-
fore summoning additional jurors, unless
the Court be satisfied that such attendance
mo be enforced within a reasonable
time. When the attendance of not less
than thirty jurors is secured, unless the
parties consent to choose from a smaller
number, said jurors may be examined by
the parties on their voir dire, and after
such examination, the plaintiff first and
then the defendant, shall strike from the
list one juror alternately till the number
is reduced to twelve, or such less number
as the parties may consent to, who shall
be sworn TO try the case; provided, that if
there be an uneven number OF jurors to be
stricken off, the Court shall strike off the
last one; and il at any stage Of the pro-
ceedings a party unreasonably delays to
strike off a juror in his turn, the Court
shall strike for such party so delaying to
strike.
After hearing the charge, the jury may
either decide in Court or retire for deliber-
alton. If they retire, they shall be kept
together in a room provided for them, or
some other convenient place under charge
Of n or more officers, until they agree
upon their verdict or are discharged by
the Court. The officer shall, to the utmost
Of his ability, keep the jury separate from
other persons. He shall not suffer any
communication to be made to them, or
make any himself, unless by order Of the
Court or Judge, except to ask them if they
have agreed upon their verdict; and he
shall not, before the verdict is rendered,
communicate to any person the state of
their deliberations, or the verdict agreed
upon. Each party to the action may APP
point one or more persons, one Of whom
ON each side shall be entitled to remain
with the officer or officers in charge Of the
jury, and to be present at all times when
any communication is had with the jury,
or any individual membes thereof, and no
communication, either oral or written,
shall be made to or received from the
jurors, or any of them, except in the pres
ence of and hearing Of such persons SO
selected by the parties; and in case of =
written communication, it shall not be