The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-08-18


in this state the jury commissioners
shall not be able to select the number
required by this section, they shall be
aut lorized to select less number, to
no the highest number possible; And
Provided further, That If any person
so selected shall be ascertained to be
disqualified or incompetent to serve as
juror, such disqualification shall not
affect the legality of such list or be-
cause Of challenge to the array of any
jury chosen from such list. but any
person ascertained to be disqualified
to serve as a juror shall be subject
to be challenged for cause.
Section 3. That all laws and parts
Of laws in conflict herewith are hereby
repealed.
A BILL
To be entitled: An act to amend
section two OF an act entitled an act
TO amend section 1892 of the general
statutes of the state of Florida, re-
lating to the challenge Of jurors, chap
ter 1902, acts Of 1909.
Be II Enacted by the Legislature Of
the State of Florida:
Section l. That section Of an act
entitled an act to amend section 1892
of the general statutes. be amended
so as to read as follows:
Section E. For Cause. The court
shall on motion Of each party in any
suit examine on oath any person who
is called as a juror therein to know
whether he is related to either party,
or has any interest in the cause, or
has expressed or formed any opinion,
or is sensible Of any bias or prejudice
therein; and the party objecting to
the juror may introduce any other
competent evidence in support Of the
objection; and If 1t shall appear to the
court that the juror does not stand
Indifferent in the cause, or is other
wise Incompetent another shall be
called and placed in his stead for the
trial of that cause.
And when the nature of any case,
civil or criminal, requires a knowledge
Of reading, writing, and arithmetic,
or either, to enable the Juror to under
stand the evidence to be offered on
the trial, it shall be cause Of challenge
If he does not possess such qualifca-
ton, to he determined by the Judge
presiding at the trial
A BILL
To be entitled: An act relating to
the continuance Of cases, civil and
criminal.
Be 1t Enacted by the Legislature OF
the State of Florida:
Section !. Whenever any application
for the continuance for the term on
account of the absence of a material
witness, in any civil or criminal case
is made; the party applying must
state in an affidavit to be filed by
him, the name of such absent witness
and the facts that such witness would
| testify to II present, and why such
witness has not been summoned or
why his deposition has not been
taken, and that such witness is alb
sent without the consent of the party
] applying either directly or indirectly
! given, and that he cannot prove the
same facts by the testimony of any
other witness, and that he expects TO
have such witness present at the next
| term of the court, or have his deposit
| ton taken by them and that the ap-
| plication is made in good faith and
not for the purpose of delay only.
Section 2. Whenever any such ap-
plication shall be made and the OPP
posite party, or his attorney in any
civil cause, or the prosecuting attor-
ney in any criminal case. shall admit
ins writing to be filed ini the cause;
such absent witness would, If present
testify to the facts stated in the af-
fidavit for continuance, the said mo-
ton for a continuance shall be denied
unless the judge of the court in his