The Montgomery advertiser., 1909-09-16

grand fury. or petit Juries, which have not been drawn by the judge of the court. may be drawn by the judge in term time, or vacations or the judge of the court may draw as many per sons to serve as grant, ana petit Jurors as he thinks necessary, and nave them summoned as in cases where jurors are drawn to try capital cases.
 Sec 26. whenever . court requiring xrand and petit juries. or petit juries. established for and held in territorial subdivision of the county. the jury commission shall make and keep separate roll and make separate pox for that court and territorial division. on vhio, roll and in which box only the names of jurors residing In that territory shall be placed. which box shall be kept by the clerk or said court ana key thereof by the judge of said court, and all jurors TOT that court shall be drawn by the Judge or said court as provided In tnis Act rom the special jury box provided under this section. and shall be summoned in the same manner as provided In
 Sec. as. Whenever 1t appears to the court that a persons name has been placed uponl jury roll. who did not at the time he was enroAed' possess the qualifications required by law, the court may in it's discretion. upon ex- cusine the person from service, tax the cost of summoning the person and of his attendance and excusing him. against the clerk of the Commission. or against any one or more or the commissioners.
 Sec. 27. Any person who shall un- lawfully, place in or withdraw from the jury box, any name or names 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 jurr 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. 2s. The Judge of Probate of every county Is hereby auth horized and required upon the request of the President of the Commission to pur- chase the necessary books in which to keep the fury rolls and the record of the proceedings, 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 2s. It is hereby expressly de- clared to be the intent of the Legis- lature in the enactment of this law, to make the provisions hereof in the rela- ton to the selection. drawing. sum- moning or empanelling of jurors direc- tory merely and not mandatory. The jurors selected, drawn. summoned and empanelied 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 ex- cept for fraud in drawing or summon ing the jurors.
 Sec 30. Should any jury commits sioners become disqualified under the provisions of this Act. the facts of such disqualification and the ground or reason therefor shall be certified to the Governor by the judge of the Circuit Court of the county. or in counties which 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 unexpired term; and in case of. any vacancy from any other cause. In the office of & jury commissioner. the Governor shall appoint commissioner to fill such vacancy who shall hold for the unexpired term.
 Sec. 3i. Any person summoned as . juror in any of the modes provided In this Act, who shall without legal cause or good excuse fail to attend at the time and place required shall be guilty of a contempt of court. and may be punished by the court by . fine or not exreedinRp aono hundred dollars.
 Sec. 32. All laws. general. special or local, regulating the selection. drawing, summoning or empaneiling of grand, or petit jurfes, or prescr1b- ing the qualifications of jurors, or de- fininE who are exempt from jury ser vice, or exempting certain persons or classes of persons. from service upon juries, are hereby expressly 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. Provided. 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, snail remain as now provided by law, but in every criminal case, the jury shall be drawn, selected and empanelled as fol- iows:-Upon the trial by jury in any court of any person indicted for mis- Jemeanor, or felonies not punished capitaIly, the court shall require two lists of all the regular jurors em- panelled for that week. who are conn petent 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 detendant shall strike two, and they shall con- tinue to strike off names alternating until only twelve jurors remain on the list. and these twelve thus select ed shall be the jury charged with the trial of the case. Tn 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 continue thus to strike off names until only twelve re- main and the twelve thus selected 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 in- habitants In which the court Is held to be drawn and summoned and the name of those appearing. who are competent to try the defendant must be placed on the list of regular jurors for that week, and the solicitor and defendants shall in like manner, as heretofore provided, be required to strike from the lists thus made ups the names of the jurors as provided until only twelve remain, who shall be the jury charged with the trial of that case Whenever any person or persons stand indicted for @ capital felony. the court must on the first day of the