The people's journal. (Pickens, S.C.) 1891-1903, 1901-02-28
LAWS RELATING TO JURIES.
Changes Made by the Legisla-
ture-Of Interest to All the Pco


pie.
The Legislature passed three import
ant measures relating to the jury sys-
tenn Of the State. One of these was
Mr.. Dominicks bill to validate all
juries for the spring term of court
whether drawn regularly or Irregular.
ly.
Another was that introduced by
Senator Appel to further regulate the
drawing of grand jurors, etc. The law
now requires six members of the grand
| jury to be drawn at the fall term of
court to serve for the ensuing year.
In case judge is sick and unable to
| hold court, or IN case of other cOntin-
gcncics, there may be complications
as TO the selection of the grand jury.
The act which will remedy that state
of affairs reads:
Section |. That whenever for any
cause, such as the quashing of the ar
ray, or there being no court at the fall
term, there has heretofore been, or
shall hereafter be, q failure to draw
the names of six members Of any
grand jury for any county to serve on
the grand jury Cor that county for the
then ensuing year, us required by law,
there shall be drawn, at the proper
time for drawing the grand jury, Is
names from the jury box instead Of II;
aud the said IS persons, whose names
are 80 drawn, shall be summoned, and
shall serve as the grand Jury for the
year III question, and shall be the law
ful grand jury for such county for that
year, and until their successors he
drawn, summoned and qualified accord.
ing to law.
See. =. That when the Judge, en-
| titled TO preside, fails TO attend and to
hold the fall or last term of the court
of common pleas and general sessions
for any county, the clerk of The court
shall have the right, and is required
hereby, to make the drawing from the
outgoing grand jury, that is to say,
from the grand jury for the then cur
rent year, of the names of the six
members who shall serve as a part of
the grand jury for the then ensuing
year, with the same force and circc; as
if the names of the said six grand
jurors had been drawn in the presence
of the presiding judge.
The most important change in the
jury system will be that brought about
by the measure introduced by Mr..
Croft, OF Aiken. 1t merely regulates
the method of " striking" names from
lists prepared Iii trials in .hc court
of common pleas. This act, which
was approved by the Governor Feb. l5,
reads:
| Section |. That III the trial Of all
actions at law in the court of common
| pleas, and issues ordered to be framed
by the judge in equity eases in said
courts, it shall he the duty of the clerk
to furnish the parties or their attorneys
with a list of 20 of the jurors to be
drawn and selected by ballot from the
whole number of jurors who are IN at
tendance, The NAMES Of said lists TO be
numbered from 20 20, and be stricken
Off by numbers in the same manner as
the regular panels Of Jurors in said
courts have been hcrcloforcs formed, :,
from winch said list the parties or their
| attorneys shall altcrnativcly strike,
until there shall be but II left, which
shall constitute the jury to try the
case or issue. In all cases the plaintiff
shall have tho first strike; and in all
| civil cases hereafter tried in the courts
of common pleas of tins State any
party shall have the right to demand a
panel Of 20 competent and impartial
| jurors from which to strike a Jury.
When the list aforesaid is prepared by
the clerk and presented to the parties
or their attorneys, objections for cause
must be made before striking and if
any objections are sustained The clerk
must fill up the list before stricken.
Sec. 2. Should the jury charged with
any case be delayed in rendering their
verdict, 80 that they could not be Pres
cnt to be drawn from in making the
list to form second jury, then the
clerk shall present to the parties or
their attorneys list containing the
names of "a jurors to be drawn by The
clerk from the remaining Jurors in the
same manner as provided in section |
from which list the parties or their
attorneys shall alternately strike, as
provided in section of this act, until
~ arc left, which shall constitute the
jury.
Sec. 3. In all cafes Of default, where
it may be necessary to have the vcr-
dict of jury, or in the trial of cases
when the parties or their attorneys
shall waive the right TO strike jury
the clerk shall under the direction Of
the judge, draw and cmpancl a jury
who shall pass upon such matters as
may be submitted to them in default
cases, or the trial Cf such cases, when
the parties have waived the right tC
strike the jury, az stated in this sec
ton.
sec. 4. This act shall go into effect
and be of force on the first day o.
September, 1901.
Sec. 5. All acts or parts of acts in
consistent with this act be, and th,
same is hereby repealed.