ORDINANCE No. 15 OF 1844.

Supreme Court.

78. And be it further enacted and ordained, that on or before the first day of January which will be in the year of Our Lord one thousand eight hundred and forty-five, and on or before the first day of January in each and every subsequent year, the said sheriff shall make out, and transmit two fresh jury lists, in manner and form as herein before directed; and all such fresh jury lists, when so transmitted, shall be brought into use the first day of March then next following, and shall continue to be used for one year then next ensuing.

79. And be it further enacted and ordained, that whenever it shall be requisite to summon a jury, the sheriff shall summon the persons whose names shall appear on the jury list in the order in which they shall be placed; and, at the commencement of every year, he shall begin with the names in the new list next after the names of the persons who were last summoned in the preceding year.

80. And be it further enacted and ordained, that the sheriff shall, before the sitting of any Court whereat a jury shall be necessary, issue summonses according to the form in the schedule hereunto annexed, marked (No. 7), requiring the attendance thereat of eighteen good and lawful men qualified and liable to serve as aforesaid, and not being of affinity or kin to either of the parties to the suit or prosecution; and that every such summons shall be personally served upon, or left at the usual place of abode of, the person summoned, two clear days before the day appointed for the sitting of the Court.

81. And be it further enacted and ordained, that the sheriff shall also, at the same time, cause to be delivered to the Registrar, or clerk (as the case may be), of the said Court, a panel containing the names, places of abode, and additions, of the persons so summoned.

73

Jury lists to be in use for one year.

Order of summoning juries.

Summons.

Panel.

Non-attendance.

82. And be it further enacted and ordained, that if any juror having been duly served with such summons, shall fail to attend, or being present shall not appear when called, or after appearance shall withdraw himself without the permission of the Court, the said Court shall (unless some reasonable excuse be proved on oath or affidavit) set upon the person so making default such fine not exceeding, in the case of a common juror, the sum of one hundred dollars, and in the case of a special juror, not exceeding the sum of two hundred dollars, as to the said Court shall seem meet.

83. And be it further enacted and ordained, that at the sitting of the Court the names of all the jurors summoned shall be written on separate pieces of card or paper of equal size and put into a box, and the Registrar or clerk of the said Court shall, in open Court, draw therefrom until six jurors appear, who, after all just causes of challenge allowed, shall remain as fair and indifferent, and the same shall be done whenever it shall be necessary to form a new jury.

84. And be it further enacted and ordained, that no person who shall be put upon his trial either for treason, felony, or misdemeanor, shall be allowed to challenge any of the jurors except for cause,

Jury to be balloted for.

No challenge except for cause,

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