The Birmingham age-herald., 1909-09-16

term time. or vacation, or the judge or the court may draw as many persons to serve as grand and petit jurors as ne thinks necessary, and have them suIh- moned as in cases where jurors a1e ura'yn to try capital cases.
 Sec. p. Whenever d court requiring grand and petit juries, or petit 1uries, established for and held in a territorial subdivision ot the county, the jury com- mission shall make and keep separate roll and make d separate box TOT lnal court and territorial division, on WHICH roll and in which box only the names of jurors residing in that territory snail be placed. which box shall be kept Dy the clerk of said court and key thereon by the judge of said court, and all Ju- TOTS for that court shall be drawn by the judge of said court as provided in this Act from the special jury box pro vided under this section, and shall De summoned in the same manner as pro vided in this Act.
 Sec 26 Whenever it appears to the court that a persons name has been placed upon d jury roll, who dld not at the time he was enrolled, possess the qualifications required by law, the court may in it's discretion, upon excrsing the person from service, tax the cost of sum- moning the person and of his attendance and excusing him, against the clerk or the Commission, or against any one or more of the Commissioners.
 Sec 27 Any person who shall unlaw- fully, place in or withdraw from the jury box, any name or name of persons, or destroy conceal or remove such jury box, or place on or erase from the jury roll, the name of any person, or destroy, mutilate, conceal or remove such jury roll shall be guilty of a felony and upon conviction shall be sentenced to the penitentiary, or to hard labor for the county for not less than six months or more than two years, to be fixed by the court
 Sec. 8 The Judge of Probate of ev- cry county is hereby authorized and re- quired upon the request of the Presi- dent of the Commission to purchase the necessary books in which to keep the jury rolls and the record of the proceed ings, and the necessary cards, stationery and things of all kinds, required by the commission and shall draw his warrant on the county treasury for the payment of the same.
 Sec. g. It is hereby expressly declared to be the intent of the Legislature in the enactment of this law, to make the provisions hereof in the relation to the selection. drawing, summoning or em- panelling of jurors directory merely and
 
 drawn, summoned and empanelled under the provisions of this Act, whether at or earlier or later day than required by this Act, must and shall in all respects be deemed legal, and to possess in full, in every respect, power to perform all Of the duties belonging to grand and petit jurors. And no objection can be taken to any venire of jurors except for fraud in drawing orr summoning the jurors.
 .,fs~ become disqualified under the provisions of this Act, the facts of such disquali- fication and the ground or reason there for shall be certified to the Governor by the judge of the Circuit Court of the county, or in counties where there is no Circuit Court, by the judge of court having the Jurisdiction of a Circuit Court, and when so certified his office shall be- come vacant, and the Governor shall appoint his successor to fill out the expired term; and in case of any vacan- cy from any other cause, in the office of a jury commissioner, the Governor shall appoint a commissioner to fill such vacancy who shall hold for the unex- expired term.
 Sec. Sl. Any person summoned as a juror in any of the modes provided in this Act, who shall without legal cause or good excuse fail to attend at the
 
 of contempt of court, and may be pun ished by the court by a fine of not ex ceeding one hundred dollars.
 Sec. 32. All laws, general, special or local. regulating the selection, drawing, summonng or empanelling of grand, or petit Juries, or prescribing the qua1i1- cations of jurors, defining who are eX empt from Jury service, or exempt ing certain persons or classes of persons, E.a.. pressly repealed, 1t being the intent of the Legislature, that, this Act shall be the exclusive law on such subjects, in all the courts of the State of Alabama. Pro- vided, That in all civil cases tried by jury the right of challenge and the num- Der of challenges for each party and the right to have struck jury, shall remain now provided by law. but in every criminal case, the jury shall be drawn, selected and empanelled as follows:-Up on the trial by jury in any court of any person indicted for a misdemeanor, or felonies not punished capftally, the court shall require two lists of all the regular jurors empanelled for that week, who are competent to try the defendant, to be made and the solicitor shall be re- quired first to strike from the list the name of one juror and the defendant shall strike two, and they shall continue to strife off names alternating until only twelve jurors remain the list, and these twelve thus selected shall be the jury charged with the trial of the case. In case two or more persons are tried jointly, the solicitor shall strike one and each defendant shall have the right to strike off one name and they shall con- tinue thus to strike off names until only twelve remain and the twelve thus selec- ed shall be the Jury charged with the trial of the defendants. If for any cause the regular number of jurors competent to try the defendant is reduced below twenty-four, the court must cause twice the number of the deficiency, who live within five miles of the court house or who live within the corporate limits of any city of 10000 or more inhabitants in which the court Is held to be drawn and summoned and the name of those ap- bearing who are competent to try the defendant must be placed on the list of regular jurors for that week, and the so- licitor and defendants shall in like man. ner, as heretofore provided, be required to strike from the lists thus made up, the names of the jurors as provided un- til only twelve remain, who shall be the jury charged with the trial of that case. Whenever any person or persons stand indicted for a capital felony, the court must on the first day of the term, or as soon as practicable thereafter, make an order commanding the sheriff te summon not less than fifty nor more than one hundred persons, including those drawn and summoned on the regular juries for the week set for the trial of the case, i and shall then in open court draw from the jury box the number of names re- quired with the regular jurors drawn