sions shall be drawn and summoned in the same manner as grand jurors are required to be summoned by this act, and the provisions of article second of this act, as to the formation of grand juries, and the imposition of a fine upon grand jurors for non-attendance, when summoned, shall apply to the formation of trial juries in those courts, the word "trial" being substituted for "grand" in the sections of that article, and except that no trial jury shall consist of more than twelve jurors. order the trial jury after the commence ment of term. SEC. 16. When, from any cause, it shall become necessary during The court may the term, the court may order the sheriff to summon either immediate- summoning of a ly or for a day fixed, from the citizens of the county but not from the by-standers, a sufficient number of persons to complete the trial jury, omfoma-a-new-trial jury as the case may be. The persons thus summoned shall be as competent trial jurors, in all respects, as if drawn and summoned before the commencement of the term. SEC. 17. The trial juries for the superior court of the city of San Trial juries for Francisco shall be formed in the manner prescribed in the seven suc- court of San ceeding sections. the superior Francisco. SEC. 18. On the first or any subsequent day of the term, and How summoned. as often as it may be necessary, the said superior court shall by entry on its minutes direct an order to be issued to the sheriff of the county of San Francisco, to summon from the citizens of the city of San Francisco, not less than twenty-four nor more than forty-eight persons to appear forthwith, or at such time as may be named. return. SEC. 19. The clerk of said court shall issue the order, and the Sheriff to make sheriff shall execute and return it at the time specified, with a list of the persons summoned; if he has been unable to summon the whole number, in the time allowed, he shall return the order with the list of the names of the persons so summoned. enlarge the time pel attendance. SEC. 20. The court may, in its discretion, enlarge the time of the The court may return and direct the sheriff to summon the whole number, or may of return. proceed to empannel the jury or juries from the number summoned. SEC. 21. Upon return of the order or upon the expiration of the Court may comfurther time allowed, the names of the persons summoned shall be called and the court shall proceed to empannel a jury or juries; if any person summoned fails to attend, without reasonable excuse, the court may impose a fine upon him not exceeding one hundred dollars, and may compel attendance by attachment. by ballot. SEC. 22. The clerk shall prepare separate ballots, containing the Jury to be drawn names of those in attendance, and deposit them in a box; he shall then in open court, draw from the box twelve names, and the persons so drawn shall form a trial jury. If the court so direct, he shall continue the drawing until a second jury is drawn. When two Others may be summoned. Discharge of juries. Juries for county and probate courts. Recorders', justices', and mayors' court. The same. Fines. Jury of inquest. juries are drawn, the court may direct at what time they shall each attend. SEC. 23. If there be not a sufficient number of the persons summoned to form one jury, or if required, two juries, the court may direct others to be summoned. SEC. 24. At the end of the first week of the term, or at any subsequent time, the court may discharge the whole jury, and if there be two juries in attendance, may discharge one or both of them; and when a jury is discharged, another may be formed in the same manner as herein prescribed. SEC. 25. A trial jury shall be summoned for the county court, and for the probate court, whenever specially ordered by those courts. The trial jurors shall be summoned and the trial juries formed in the same manner as trial jurors are required to be summoned, and trial juries are required to be formed by this act, for the superior court of the city of San Francisco, except that the jurors for those courts shall be summoned from the citizens of the county. All the provisions of this act as to jurors for the superior court, the imposition of a fine for non-attendance, the summoning of a new jury, etc., shall apply to juries summoned for the county court, and for the probate court. SEC. 26. A trial jury shall be summoned for a recorder's court, and for a mayor's court, from the citizens of their respective cities, and for a justices' court from the citizens of its city or township, whenever specially ordered by those courts. The jurors for a recorder's or mayor's court shall be summoned by the marshal of the city within which the court is established, and the jurors for a justice's court shall be summoned by its constable. SEC. 27. The officer shall return to the court a list of the names of the persons summoned, with his certificate of the names of service; the list shall be called over at the time appointed for the trial. If a sufficient number of competent and indifferent jurors do not attend, or if any of them shall be excluded, exempted, or excused, from any cause, the justice, recorder or mayor, as the case may be, shall direct the officer to summon others from the vicinity, but not from the by standers, sufficient to complete the jury. SEC. 28. The justice, mayor, or recorder, before whose court jurors are summoned, may impose a fine not exceeding fifty dollars, for the neglect of a juror, without reasonable cause, to attend. SEC. 29. The officer before whom a jury of inquest is summoned, may impose a fine upon a juror for non-attendance, in the same manner and subject to the same conditions as jurors may be fined for nonattendance in a justice's court. repealed. SEC. 30. The act entitled "An act concerning Jurors," passed Former act April twenty-eighth, one thousand eight hundred and fifty-one, and the act entitled "An act to exempt fire-men from militia service and jury duty," passed January twenty-eighth, one thousand eight hundred and fifty-one, are repealed. SEC. 31. This act shall take effect from and after the first of May, Commencen one thousand eight hundred and fifty-two. CHAPTER CV. AN ACT to exempt Firemen from Militia Service and Jury Duty. Supremnital act -[Passed March 25, 1853.] The People of the State of California, represented in Senate and May 6.1854.. from military SECTION 1. The officers and members of any fire company, regu- Firemen exempt larly attached to the fire department, of any city, town or village and jury duty. within the state, organized according to ordinance of such city, town or village, shall be exempt from militia service and jury duty, except as hereinafter provided. SEC. 2. The officers and members of any company in said fire de- The same. partment shall be exempt from military duty, except in case of war, invasion, or insurrection. membership. SEC. 3. It shall be the duty of each person claiming exemption Certificate of from military or jury duty, under the provisions of this act, to produce, if required by the officer serving a jury or militia notice, a certificate of his active membership to the fire department or company to which he is attached, signed by the chief engineer, secretary of the board of delegates of the fire department, foreman of the company, or chief magistrate of the city, town or village. serving notice. SEC. 4. The officer serving the jury summons or militia notice, may Duty of officer in require the oath of the party summoned or notified, before any magistrate, that he has not resigned, been expelled, or forfeited his membership of the company or department, since the date of his certifi cate. members to each SEC. 5. There shall not be allowed to any engine company more Number of than sixty-five certificate members; to any hose company more than twenty-five certificate members; to any hook and ladder companies more than sixty-five certificate members. SEC. 6. Any member who shall have served as an active fireman Time of service. Mp. 155. for the period of five years, and shall produce a certificate of the same, signed by the chief engineer, secretary of the board of delegates of the fire department, or other officers to whom such duty may Exempt firemen. be assigned, shall be entitled to receive a certificate as an exempt fireman, which shall forever release him in this state from jury duty or militia service. Privileges under Previso. Fire department Of Marysville. Of Stockton. SEC. 7. All persons who have served as active firemen in companies duly organized according to the provisions of this act, subsequent to the first day of January, Anno Domini, one thousand eight hundred and fifty-three, shall be entitled to date their term of five years service from the date of their becoming certificate members:— Provided, that the service that shall entitle such person to the exemption herein provided, shall not date prior to the first day of January, one thousand eight hundred and fifty-three. ten SEC. 8 The fire department of the city of San Francisco shall at no time be allowed more than twenty companies; the city of Sacramento more than ten companies; the city of Marysville more than (five) companies; the city of Stockton more than five companies. Nor shall there be allowed in any other cities, towns or villages more than one company for each one thousand inhabitants: Provided, always, Other cities, etc. that one company shall be allowed in any city, town or village where the population is less than one thousand. Amended Mar 29/56 pp 65 The city council to have power to ry ordinances. CHAPTER CVI. AN ACT to authorize the Mayor and Common Council of the City of Sacramento to contract for supplying the City with Water.[Passed May 3, 1852.] The People of the State of California, represented in Senate and SECTION 1. The mayor and common council of the city of Sacrapass the necessa- mento are hereby authorized and empowered to contract, by special ordinance, in such manner and form as they may choose, with any association, person or persons, to supply the said city with water. Any contract or contracts so made and entered into, shall be valid and binding in law. CHAPTER CVII. AN ACT creating the office of Clerk of the Recorder's Court of the The People of the State of California, represented in Senate and appoint a clerk. SECTION 1. That the recorder of the city of Sacramento may have Recorder may power to appoint a clerk, to be styled the "Clerk of the Recorder's Court," who shall be paid for his services by the recorder, as he may Salary agree with the said clerk. duties. SEC. 2. The said clerk, when so appointed, shall have power to is- Powers and] sue all writs which the recorder may order; to administer all oaths known to the law; to keep a docket or record of the proceedings of the said court, and generally to do and perform all duties properly belonging to the office of clerk of said court. CHAPTER CVIII. AN ACT to provide for the Construction of Telegraph Lines within the State of California.-[Passed May 3, 1852.] The People of the State of California, represented in Senate and granted. privileges. SECTION 1. The right and privilege is hereby granted to Oliver E. To whom Allen and Clark Burnham, or their assigns, to construct and put in operation an electro-magnetic telegraph line, from the city of San Francisco to the city of Marysville, by the way of the cities of San Jose, Stockton and Sacramento, with right of way over any lands be- Rights and longing to this state, and on or along any streets, roads or highways, or across any stream or streams: Provided, they do not obstruct the same, and no person or persons shall be allowed to locate, or construct, or run any telegraph line, or any portion thereof, within half a mile of the line or route selected by the said Allen and Burnham or their assigns, except that when within half a mile of any incorporated city, the proprietors of any similar line of telegraph, may enter said city and depart therefrom, making their station therein, within twenty Duty of grantees. |