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Act to provide for the early publication of the laws of California," passed March thirteenth, one thousand eight hundred and fifty, and all other acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.
AN ACT concerning Jurors.- Passed May 3, 1852.)
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
THE QUALIFICATIONS AND EXEMPTIONS OF JURORS.
from serving as
Qualifications of SECTION 1. A person shall not be competent to act as juror unless urors.
he be, First, a citizen of the United States : Second, an elector of the county in which he is returned : Third, over twenty-one and under sixty years of age: and Fourth, in the possession of his natural faculties : Fifth, nor shall any person be competent to act as juror who has been convicted of a felony, or misdemeanor, involving moral
turpitude. Persons exempt
Sec. 2. A person shall be exempt from liability to act as a juror,
if he be, First, a judicial officer: Second, any other civil officer of jurors.
this state or of the United States, whose duties are, at the time, inconsistent with his attendance as a juror : Third, an attorney or counsellor : Fourth, a minister of the gospel or a priest of any denomination : Fifth, a teacher in a college, academy, or school : Sixth, a practicing physician : Seventh, an officer, keeper, or attendant of an almshouse, hospital, asylum, or other charitable institution, created by or under the laws of this state: Eighth, any person engaged in the performance of duty, as officer, keeper, or attendant of any county jail, or of the state prison: Ninth, a captain, master or other officer, or any person employed on board of a steamer, vessel, or boat, navigating the waters of this state, and keepers of public
ferries. (1) Persons may be Sec. 3. A person may be excused from acting as juror, when for
any reason, his interests, or those of the public, will be materially injured by his attendance, or when his own health or the death or sickness of a member of his family, requires his absence.
(1) See Chap. 104.
FORMING GRAND JURORS.
MANNER OF SUMMONING, DRAWING AND
SECTION 4. When, at any time, before the session of a court, author- Grand juries. ized by law to inquire into public offences, by the intervention of a grand jury, it shall appear necessary to the presiding judge, of said court, that a grand jury should be summoned, or when a petition signed by twenty or more electors of the county, asking that a grand jury should be summoned, shall be presented to said judge, he shall, in writing, order the sheriff of the county in which the court is to be held, to summon such grand jury. Sec. 5. Upon receipt of the order, as mentioned in the last sec- Mode of drawing
grand jurors. tion, the county judge, county clerk and sheriff, shall immediately proceed to copy from the assessment roll of the county, the names of fifty persons, each name to be upon a separate piece or slip of paper; the ballots, so prepared, shall be placed in a box prepared by the county clerk for that purpose, and said county clerk shall, in the presence of the county judge and the sheriff, draw from the box the names of twenty-four persons to serve as grand jurors until discharged by the court. The clerk shall keep a correct list of the names, placed in the box, and the names of those so drawn, and the list shall be signed by the county judge, the county clerk, and the sheriff, and be filed in the clerk's office. It shall also be the duty of the sheriff, upon receipt of the order, to post written notices of the time and place of the drawing, provided in this section, in three of the most public places in the town or city, in which the court is to be held ; such notice shall be posted at least one week before such drawing.
Sec. 6. After the drawing, the clerk shall make a certified copy of Jurors to be the list mentioned in the last section, and deliver the same to the writing.
It shall be the duty of the sheriff, upon receipt of such list, to proceed to summons the persons mentioned therein, to attend the court, by giving written notice to each of them, personally, or by leaving such notice at his place of residence, with some person of suitable age and discretion.
Sec. 7. The sheriff shall also return in the list to the court, at its Sheriff to make opening, specifying the persons summoned, and the manner in which each was notified. Sec. 8. At the opening of the court the list shall be called over Jurors to be
fined for neglect. and the court may impose a fine, not exceeding one hundred dollars, for each day a grand juror shall, without cause, neglect to attend.
Sheriff to sommon additional jurors.
If, however, the notice was not personally served, the fine shall not be imposed, until, upon an order to shew cáuse, an opportunity has been offered to the juror to be heard.
Sec. 9. When, of the persons summoned, not less than seventeen and not exceeding twenty-three attend, they shall constitute the grand jury. If, of the persons summoned, less than seventeen attend, they shall be placed on the grand jury, and the court shall order the sheriff to summons from the body of the county and not from the by-standers, a sufficient number to complete the grand jury.
Sec. 10. If a challenge to the panel or to an individual grand juror, or if, and as often as it becomes necessary,
other cause, the court may order the sheriff to summons immediately, or for a day fixed, from the body of the county, but not from the bystanders, a sufficient number of persons to complete the grand jury,
or to form a new grand jury as the case may be. The judge may Sec. 11. If the judge of the court, as provided in section four of order a jury after the session this act, shall not deem it necessary that a grand jury shall be sumhas commenced:
moned, or if the petition, therein mentioned, shall not be presented,
of such order shall be delivered to the sheriff. Duty of sherifr.
Sec. 12. It shall be the duty of the sheriff, upon receipt of the order mentioned in section eleventh, to proceed immediately and summon twenty-four persons from the body of the county but not from the by-standers, to appear before the court at the time mentioned in said order; the summons shall be served in the same man
ner as provided in section sixth of this act. Competeney of Sec. 13. The grand jury, provided for in the last section, shall be jurors.
subject to the provisions of sections nine and ten, of this act. It shall be drawn and may be completed in the same manner, and the jurors who shall be absent, without cause, shall be subject to the fine, as provided in section eight, and the said jury shall be as competent, in all respects, as if summoned before the session of the court.
TRIAL JURORS AND THE FORMATION OF TRIAL JURIES AND
SECTION 14. A trial jury shall be drawn for every general term of the district court, and for every term of the court of sessions held for criminal business.
Sec. 15. The trial jurors for the district court and court of ses
How summoned and drawn.
ment of term.
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.
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 the commenceby-standers, a sufficient number of persons to complete the trial jury, or form a new trial jury, as the case may be. The
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.
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.
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.
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. 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
enlarge the time
juries are drawn, the court may direct at what time they shall each
attend. Others may be Sec. 23. If there be not a sufficient number of the persons sumsummoned.
moned to form one jury, or if required, two juries, the court may
direct others to be summoned. Discharge of
Sec. 24. At the end of the first week of the term, or at any subjuries.
sequent 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 man
ner as herein prescribed. Juries for county Sec. 25. A trial jury shall be summoned for the county court, and and probate
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 finc 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, justices', and mayors' 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. Jury of inquest. 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.