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his court. The compensation of the justice of the peace of any city shall be paid by warrants drawn each month upon the salary fund, or if there be no salary fund, then upon the general fund of such city or county, as the case may be, such warrants to be audited and paid as salaries of any other city or county officials. All fees which are chargeable by law for services rendered by such city justice of the peace in cities aforesaid shall be by them respectively collected, and on the first Monday of each month every such city justice, or his clerk shall make a report, under oath, to the city or county treasurer, as the case may be, of the amount of fees so by him collected and pay the amount so collected into the city or county treasury, as the case may be, to the credit of the general fund thereof. Said salaries shall be the sole compensation of said city justices. [Amendment approved April 2, 1917; Stats. 1917, p. 34.]
§ 103c. Justices' clerks, counties of third class. Authority. Fees. Monthly report. In counties of the third class in townships having a population of more than seventy-five thousand there shall be one justice's clerk, and one deputy justice's clerk, who shall be appointed by the justice of the peace or justices, if more than one. Said clerk and deputy shall be appointed immediately on this act taking effect, and shall take the oath of office prescribed for county officers, and give a bond in the sum of five thousand dollars, conditioned for the faithful discharge of the duties of the office, which bond shall be approved and filed in the same manner as are bonds of county officers.
Such justice's clerk and deputy clerk shall be authorized to administer oaths, take and certify affidavits and shall be authorized to issue and sign writs, summons and all other process in any action or proceeding in the justice's court of the township for which they are appointed or pending before any justice of the peace of said township in the name of the justice before whom the same is pending or out of whose court the same is issued, which shall be in substantially the following form:
All legal papers of every kind in actions or proceedings in such justice's court shall be issued by the said justice's clerk in the manner and form hereinabove set out. The said justice's clerk shall issue, sign and certify to any and all papers, transcripts or records which are required to be issued, signed or certified by the said justice of the peace. All complaints, answers and other pleadings and papers required to be filed in said justice's court shall be filed with such justice's clerk who shall keep a permanent record of all such actions and proceedings in the justice's docket, now provided by law to be kept by the justice. The said clerk shall keep a record of the proceedings of said court and shall have the custody of all records and papers of the same.
All fees for the issuance of all process, or other fees, which are by law allowed for any official service of the justice of the peace shall be exacted and paid in advance into the hands of the justice's clerk, which, together with all fees, fines, forfeitures or penalties received in said justice's court shall be paid into the county treasury.
Said justice's clerk shall render each month to the county auditor and county treasurer, an exact account under oath of all fines, forfeitures, penalties and fees received by him or collected by said court. Said justice's clerk shall receive a salary of one thousand eight hundred dollars per year and said deputy clerk shall receive a salary of one thousand two hundred dollars per year, which shall be payable in like manner and out of the same funds and at like times as county officers are paid. The board of supervisors shall provide in a convenient locality a suitable office for the justice's clerk. The said justice's clerk shall be in attendance at his respective office in the discharge of official business daily from nine A. M. until five P. M. [New section added May 31, 1917; Stats. 1917, p. 1394.)
$ 190. Jury defined. A jury is a body of persons temporarily selected from the citizens of a particular district and invested with power to present or indict a person for a public offense, or to try a question of fact. (Amendment approved May 29, 1917; Stats. 1917, p. 1282.]
$ 192. Grand jury defined. A grand jury is a body of persons, nineteen in number, returned in pursuance of law, from the citizens of a county, or a city and county, before a court of competent jurisdiction, and sworn to inquire of public offense committed or triable within the county or city and county. (Amendment approved May 29, 1917; Stats. 1917, p. 1282.]
$ 193. Trial jury. A trial jury is a body of persons returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine by verdict, a question of fact. [Amendment approved May 27, 1917; Stats. 1917, p. 1283.]
$ 194. Number on trial jury. A trial jury shall consist of twelve persons; provided, that in civil actions and cases of misdemeanor, it may consist of twelve or any number less than twelve, upon which the parties may agree in open court. [Amendment approved May 27, 1917; Stats. 1917, p. 1283.]
$ 195. Jury of inquest. A jury of inquest is a body of persons summoned from the citizens of a particular district before the sheriff, coroner, or other ministerial officers, to inquire of particular facts. [Amendment approved May 27, 1917; Stats. 1917, p. 1283.]
$201. When juror excused. A juror shall not be excused by a court for slight or trivial causes, or for hardship, or for inconvenience to said juror's business, but only when material injury or destruction to said juror's property or of property entrusted to said juror is threatened, or when said juror's health, or when the health or proper care of said juror's own family, or when the sickness or death of a member of said juror's family make it necessary for said juror to be excused. [Amendment approved May 27, 1917; Stats. 1917, p. 1283.)
$ 204. Jury lists. In the month of January in each year it shall be the duty of the superior court in each of the counties of this state to make an order designating the estimated number of grand jurors and also the number of trial jurors, that will, in the opinion of said court, be required for the transaction of the business of the court, and the trial of causes therein, during the ensuing year; and immediately after said order designating the estimated number of grand jurors shall be made, the court shall select and list the grand jurors required by said order to serve as grand jurors in said superior court during the ensuing year, or until new lists of jurors shall be provided, and said selections and listings shall be made of men and women suitable and competent to serve as jurors, as set forth and required in sections two hundred five and two hundred six of this code, which list of persons so selected shall at once be placed in the possession of the county clerk; and immediately after said order designating the estimated number of trial jurors shall be made, the board of supervisors shall
select, as provided in sections two hundred five and two hundred six of this code, a list of men and women to serve as trial jurors in the superior court of said county during the ensuing year, or until a new list of jurors shall be provided.
In counties and cities and counties having a population of one hundred thousand inhabitants or over, such selection shall be made by a majority of the judges of the superior court. (Amendment approved May 27, 1917; Stats. 1917, p. 1283.]
$ 204a. Jury commissioner may be appointed. Salary. In any county or city and county in which, as provided by the preceding section, the selection of persons to serve as trial jurors is made by a majority of the judges of the superior court, a majority of the judges of such court, to assist the judges thereof in making selections of trial jurors and grand jurors, and whenever in their opinion the business of the court requires it, may, in their discretion, appoint a jury commissioner for such county or city and county, who shall receive a salary of three hundred dollars per month, not exceeding, however, one thousand five hundred dollars in any one fiscal year, and shall hold office at the pleasure of a majority of the judges of such court. Said salary shall be audited, allowed and paid out of the general fund of such county or city and county. (New section added May 26, 1917; Stats. 1917, p. 1169.]
$ 204b. To furnish list of persons qualified for jurors. Annually, and pursuant to written rules or instructions adopted by a majority of the judges of such court, the jury commissioner shall furnish the judges of the court a list of persons qualified to serve as trial jurors or grand jurors during the ensuing year, or until a new list of jurors shall be required. A majority of the judges of the court may, from time to time, adopt such rules and instructions as may be necessary for the guidance of the jury commissioner, who shall at all times be under the supervision and control of the judges of the court. [New section added May 26, 1917; Stats. 1917, p. 1169.)
$ 204c. Duties. It shall be the duty of the jury commissioner diligently to inquire and inform himself in respect to the qualifications of persons resident in his county or city and county who may be liable under the provisions of the laws of this state to be summoned for jury duty. He may require any person to answer, under oath to be administered by him, ail such questions as he may address to such person, touching his
name, age, residence, occupation and qualifications as a juror, and also all questions as to similar matters concerning other persons of whose qualifications for jury duty he has knowledge. The commissioner shall have power to administer oaths. He shall be allowed his actual traveling expenses incurred in the performance of his duties while visiting the respective townships in the county, such traveling expenses to be audited, allowed and paid out of the general fund of the county. (New section added May 26, 1917; Stats. 1917, p. 1169.]
$ 204d. Jurors selected by majority of judges. Pursuant to the rules and instructions adopted by a majority of the judges of the court, the jury commissioner shall return to the judges the lists of persons recommended by him for jury duty. The judges of said superior court shall examine the jury lists so returned and from such lists a majority of said judges may select, to serve as trial jurors and grand jurors, respectively, in the superior court of said county or city and county during the ensuing year, or until a new list of jurors is required, such persons as, in their opinion, should be selected for such jury duties; provided, however, that the persons so selected shall, in the opinion of the judges selecting the same, be persons suitable and competent to serve as jurors, as set forth and required in this code. The judges, however, shall not be bound to select any names from said lists, but may, if in their judgment the due administration of justice requires, make all or any selections from among the body of persons in the county or city and county suitable and competent to serve as jurors regardless of the lists returned by the jury commissioner. New section added May 26, 1917; Stats. 1917, p. 1170.)
$ 204e. Secretary of superior judges as jury commissioner. In any county or city and county where there is a secretary of the superior judges of such county or city and county, a majority of the superior judges may in their discretion require such secretary to perform the duties of jury commissioner in addition to his regular duties as secretary. In such case the salary of the secretary of the superior judges shall be three hundred fifty dollars a month. (New section added May 26, 1917; Stats. 1917, p. 1170.]
$ 226. Order for jurors to appear forthwith. Whenever jurors are not drawn or summoned to attend any court of record or session thereof, or a sufficient number of jurors fail to appear, such court may order a sufficient number to be forth