The Montgomery advertiser., 1909-09-16

juror drawn. or any person summoned fails, or refuses to attend the trial or there is any mistake in the name of any person drawn, or summoned. none. or all of these grounds shall be suf- ficient to quash the venire. or con- tinue the cause. No juror drawn or summoned under this Act shall be re- quired 10 serve as such until the first Monday in January. 1s10 and all jurors required for service up to that time shall be drawn, summoned and em- paneiled and shall serve under the law in force prior to the passage of this Act.
 Sec. IS. The court shall require all persons named in the venire to be called. and shall then hear all excuses and claims of exemptions and dis qualifications. and after passing upon all of the excuses, or claims, shall cause the names of all the jurors in att tendance upon the court on that day. and who have not been excused by the court. to be written on separate slips of paper. or cards: and placed in a hat, or box, and thereupon the judge of the court must. in open court, draw from the hat. or box. at terms requiring grand juries, the names of eighteen jurors who shall be em- panelled and sworn as the grand jury for that term of the court provided that only one grand jury Is author ized by law for that term. but if more than one grand jury is authorized by law. for such term then said jurors. so empanelled shall be the first grand jury for said term and any subsequent grand jury, or grand turies for such term as is now or may hereafter be authorized by law must be drawn. summoned. sworn and empanelied. as s~ Aaf Arrt fhA term and the venire for same may con- tain such number of names as the judge may deem necessary. The judge must then proceed to draw from the hat or box, the names of twelve jurors who shall be empanelled and sworn as petit jury No. 1 and in like man. ner the judge must draw and empanel and swear petit jury No. g.. and when necessary. as many more jurors as the judge or judge of the court may deem proper, all of whom shall serve as petit jurors for that week, unless dis charged sooner by the court, and may be required to serve till any case on trial Is determfned. If petit juries are needed for any week or week Of the term after the first week the judge or any two judges of said court, if there are more than one judge shall. Tn like manner at such times as to him or them may seem best draw from the jury box such number of names not less than thirty, for each of such sub sequent weeks. as will. in the discre- ton of said judge or judges. be suf- ficient for the week for which same are drawn: Provided that no name shall be drawn for any week after the first week of the term more than twenty days before the first day that such juror is to serve. The clerk shall issue venire for the jurors So drawn and they shall be summoned for their respective weeks and sworn and em- panelled in the same manner as petit jurors for the first week of the term.
 Sec. 1s. The names of all jurors drawn and summoned under this Act who are not empanelled shall forth with be returned by the judge to the jury box in open court unless they are disqualified or exempt. The clerks of >the several courts in which juries are empanelled shall from time to time, as the juries are empanelled, certify to the jury commission the names of all persons so empanelled. and the clerk of the commission, under the direction of the commission shall note opposite the names of such persons on the jury roll the date on which and the court in which they were empane1led. The clerk of the several courts shall also certify to the jury commission the
 
 found by the court to be disqualified. or exempt which fact shall be noted opposite their respective names on the jury roll.
 Sec. 20. Whenever there are not enough qualified jurors in attendance upon the court to form the Juries re- quired, the judge of the court shall draw from the jury box the names of as many jurors as he may deem neces- sary, who are then within, or reside within five miles of the court house, or. if the court is held in a city having more than ten thousand inhabitants by the Federal census, who reside. or who are within the corporate limits of such city, to complete all juries then re- quired and shall require the sheriff forthwith to summon all jurors thus drawn to attend court when required. and he may summon them by personal service, or by telephone or by tele- graph. or may in like manner order deputy, or special deputy to summon them. or may by telephone. or tele- graph. direct deputy to summon such Jurors The court shall then proceed to empanel. or complete the empanel- ling of the jurors as provided in this Act In the event the 1uries. either grand or petit. after being completed should be reduced from any cause to below the number rsquired by law, the court BH6ll III tHo in this Act supply all deficiencies in the manner of any such jury in the court.
 Sec. 21. Wherever it shall appear to the judge drawing tales jurors for service in any case, that. the names of persons living within five miles of the Court house, or within such city of 10000 inhabitants. have been exhaust ed. the judge may then draw from the jury box the names of such other per- sons as may be necessary, and have them summoned, as tales jurors are summoned. Whenever any judge of a court, or of a division of a court, need ing jurors either Grand or Petit, re- quires 1t, he shall procure the jury box and the key thereto and shall. as soon as he has drawn therefrom the jurors required at that time have the key and box delivered to any other judge in that court house. who may then need it, and as soon as the box has | been used by all the judges needing it. the last judge using it shall de- liver the key thereof to the proper custodian and cause the jury box to bef returned to its regular place of deposit
 Sec. 22. Whenever q jury is re- quired to try any issue in Probate Court, or Chancery Court, or other Court, of the county. the Probate Judge or Chancellor. or judge of such other court, as the case may be. shall procure the box and key thereto and shall draw from the jury box as many names as he may think necessary. In no case less than twenty-four. and must immediately return the key and