, 1899-03-02

Slips OF DalIOts Ill Il DON, winch must be kept sealed or locked
until ordered by the Court to be opened. which box shall be
numbered II"
Sec. n. When an issue of fact. to be tried by a Jury is
brought to trial. the Clerk under the direction of the Court,
must openly draw, out of the trial juror box. numbered a."
as many Of the ballots, one after another. as are sufficient
Sec. %. Before the first ballot is drawn. the box must
be closed and well shaken. so as Thoroughly to mix the same;
and the Clerk must draw each ballot without seeing the
name written on any Of them. through an aperture made in
the lid of the box large enough only to admit his hand con.
veniently.
Sec. 2G. 1t at any time during the trial of a cause and
the empanelling of a jury therein. all the regular panel of
jurors, that is, those contained in Box No, l. shall he OK.
hausted, then the Court shall make an order, which shall be
entered upon the minutes of the Court. directing that such
number OF names as may be deemed necessary be drawn
from box No. ), in open Court. and the Clerk shall forthwith
issue a summons for the person so drawn to apppur in Court
forthwith. and the names of such as are accepted bv the
Court shall forthwith be placed in Box No. /. and shall be
drawn therefrom to COMPLETE said list. and surL urorass
shall continue from time to time when the names in Box No.
1 are exhausted, until Il jury is obtained in the cause.
Sec. - The first twelve persons who appear, as their
names are drawn and called, and are approved as Indifferent
between the parties, and not discharged or excused. must be
sworn, and constitute the jury to try In" issue.
Sec. Is. The ballots containing the names of the Jurors
so sworn, must be then deposited in another box. numbered
. and there kept apart from the other ballots until that
jury is discharged.
Sec. %. After the jury is discharged the ballots con.
tanning their names must be again rolled up or folded. as
prescribed in section twrntythrce r23l Of this Act. and re.
turned to the box from which they were taken. to-wit: Box
No. 1, and the same course must be pursued as often as an
issue is brought to trial by a jury.
Sec. 30. The ballot containing the name of a juror
who is absent when his name is drawn or called. or is set
aside, or excused from serving on that trial. must be again
rolled up or folded in the same manner as before and re
turned TO the box containing the undraWn ballots as soon rs
the jury is sworn.
See. 81. If an issue is brought to trial by a jury, while
IA Jury is emIanelled in another cause. and not then dis
charged, the Court may order Il jury for the trial of that
issue, to be drawn out of Box No. /. containing the ballots
then nndrawn. and the same shall if necessary be completed
as provided in section twcnty-siX C6) of this Act: bur in any
other case the ballots containing the names of all the trial
jurors returned and attending the Court must be placed TO-
gether in the same box before a jury is drawn thrrcfrom.
sec - If "A lfirIpp1 DIJmb HIp f l1ttrS lnly lr1u WIN and
notified do not attend to form a jury. or Il jury is impan-
elled in another cause and not discharged. the court shall,
by an order to be entered in the minutes, direct the Clerk to
draw Il sufficient number of ballots from Box No. 3. specified
in section eighteen 1S) of this Act. to complete the Jury. The
Sheriff must notify the persons thus drawn to attend forth
win Or at a time fixed by court. If for any reason a suf-
hclent number of jurors to try the issue is not obtained. from
the persons notified. under an order made as prescribed in
TINS section, the Court may make another order. or success
slve orders, until Il sufficient number is obtained. Eacn
person so notified must attend at IA time required by the no.
tee, and unless excused by the Court or set aside. must serve
as a juror upon the trial. For a neglect or refusal 50 to do
he may be fined in the same manner as a ria Juror. regularly
drawn and notified, as prescribed in this Act: and he is sinh
Ject TO the same exceptions and challenges. as any other
trial juror.
Sec. SO. 1t is not a valid objection to a jury. that it con.
tains none of the jurors originally returned to the Court. or
is only partially composed of such jurors.
Sec. "a. Trial juries for criminal actions are formed in
the same manner as trial. juries in civil actions.
Sec. 30. Whenever in the opinion of the District Judge
a Grand Jury be necessary, he must make an order directing
a Grand Jury to be drawn and summoned to attend before
the Court. The order must specify the number of jurors to
be drawn, which must not be less than twelve 12D or more
than sixteen (l6,. The names of such jurors must be drawn
from jury Box No. l, mentioned in section nine 90 and the
list of names certified and summoned. as provided for draw
ing and summoning trial jurors, and the names of any per
sons drawn who may not be empanecd upon the Grand
jury must be again placed in said Jury Box No. f.
Sec. 30. When, of the persons summoned as Grand
Jurors competent and not excused. twelve are present. they
constitute the Grand Jury. If more than twelve of such per
sons are present the Clerk must write their names on sepal-I
ate ballots. which he must fold so that the names cannot be
seen, place them in Il box, and draw out twelve of them. and
the persons whose names are on the ballots so drawn shall
constitute the Grand Jury. If less than twelve of such per
sons are present, the Court may order a sufficient number to
be forthwith drawn from either box and summoned to attend
the court. And whenever. of the persons to complete a
Grand jury more attend than are required. the requisite
number must be obtained by writing the names of those so
summoned and not excused on ballots, dcpositing hem in a
DoX, ana drawing as above provided.
Sec 81. Thereafter such proceedings must be had in
summoning and impaneling the Grand Jury as are hercinbe-I
fore prescribed for Trial Jurors.
Sec. 3S. The Board of County Commissioners of each of
the counties of this State shall forthwith furnish to the
Clerk of the District Court, in their respective counties. five
jury Boxes. to be numbered one ~, two o.. three L3. fOurl
az, and 1--WE lE respectively and TO he made as follows:
Boxes numbered one ~, two o. and three g. shall be
in the form of Il circular cylinder. which shall be divided
into three separate compartments by partitions, each com.
partment to be numbered respectively one a.. two 2. and
three 81, and TO be known as jury Boxes numbered one a.
two 90, and three 81: jury Boxes numbered four AZ and five
% shall be separate boxes so numbered; the openings to all
jury boxes shall be so made as to conveniently admit the
hand of the clerk. and the openings shall be closed by a lock.
one other than the clerk or deputy and no one other than
the clerk or deputy shall open, close, or draw from. or re
turn to said boxes any slips under penalty of misdemeanOr,
and the clerk except as herein above ordered. shall not open,