The Montgomery advertiser., 1903-02-03
AN ACT. :

AN ACI.
 An Act to provide for special petit juries
 in capital cases and cases of feIonious
 homicide. whether capital or not, reg
 ulating the drawing. summoning and
 organization thereof, providing for the
 enforcement of the law connected
 herewith and prohibiting a violati
 thereof.
 Section =. Be 1t enacted by the Leg islature of Alabama, That the Court may on any day of the term, fix the trial of any capital case or felonious homicide for any subsequent oay of the term.
 Sec. ?. Be it further enacted: When any capital case or cases or any case or cases of felonious homicide stands for trial, the presiding Judge shall, at least one entire day before the day for which the case is set, repair to .he Clerks office or the Sheriff's office or any other pri- vate place conveneint to the Court House and secretly, except in the presence of the Sheriff and Clerk, draw from the jury box of the county twenty-five names, and which shall constitute the venire to try the case. The drawing shall be done In the presence of the Sheriff and Clerk or the Chief Deputy of either if they can not be present, and if any names are drawn of persons who are exempt, dead or out Of the county, they will be dis carded or destroyed, and shall form no part of the venire. If in drawing the venire, the Judge is satisfied from his own Knowledge or from information that may be furnished him by the Clerk or Sherin, that a person whose name is draYn is incompetent or unfit to serve the name shall be discarded and not put on said venire of twenty-five But no name need be discarded, simply because not householder or free holder and if the juror be competent that will be no cause for challenge or objection.-
 Sec. 3. Be 1t further enacted: The Clerk shall prepare two lists of the venire so drawn. one to be used by the Sheriff and the other to be preserved by the Judge in sealed envelope until the day of the trial, when he can then open the same before going into the trial. The list of names or slips shall also be sealed and safely kept by the Clerk. until the case Is disposed of for the term, when they must then be turned over to the Judge who can replace them in the jury box.
 Sec. 4. Be 1t further enacted: That when the case stands ready for trial the Clerk under the direction of the Judge must put the names of the ones com posing the said venire, and who were found, in a hat, and the Judge shall pro SSSN Ac N1 oW ihC Jury lHtTeITOm until the jury is complete or the names are exhausted.
 Sec. 5. Be it further enacted: That if for any reason the names are exhaust ed before the jury is complete, the Judge may call double the number of qualified persons as may be needed and put their names In hat and proceed to draw therefrom and thus continue until the jury is complete. If the Judge does not deem 1t advisable to call from the bv islanders, he may designate the names to the Sheriff who can bring them in from the outside.
 Sec. 6. Be 1t further enacted:s That no venire drawn under the provision of this law shall be quashed, unless fraud be shown in the drawing or summoning thereof or unless the names have been disclosed, or unless less than fifteen are found as disclosed by the Sheriff's re- turn, which must not be made until inc case is called for trial on the day if is set.
 Sec. '. Be 1t further enacted: That any person summoned as a juror undar the provision of this law, who fails to attend or to serve. must be fined not less than $50 nor over $2O0, which may be re duced or remitted by the Court unon proper excuse. But there shall be no le- SSi SAShhptAohS bO any person summoned except that he Is over 60 years of age, but the Jury Commission shall regard the legal exemptions in filling the jury box.
 Sec. s. Be 1t further enacted That. upon the trial of any capital felony the defendant shall have five and the State three challenges, and upon the trial of a felonious homicide not capital, the de- fendant shall have three challenges and inc State two. And 1t makes no differ ence whether there be more than one de- fendant. the number of challenges shall not thereby be increased.
 Sec. g. Be 1t further enacted: That any officer connected with the drawing of the juries under this law or in sum- moning them and who intentionally or carelessy divulges the name or names thereof before the same is to be organ ized. shall be guilty of a. misdemeanor and must be fined not less than $50 or more than $500.
 Sec. 10. Be 1t further enacted: That any person who attempts to find out the names of any jurors drawn under this law shall be guilty of misdemeanor and may be fined upon conviction not exceeding $500, and may be imprisoned