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Courts and Forms
of Process |
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| 118 |
Choice and Services of Petit Jurors. |
PART
III. |
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draft and return the same into the
box again, and no person shall be obliged to serve as Juror oftener than
once in three years. |
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The meeting for the appointment of Petit
Jurors, to be six days before the sitting of the Court.
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V. And be it further enacted, That the meeting
for the appointment of Petit Jurors shall be six days at the least before
the day of the sitting of the Court, to which the venire is returnable,
and the constables shall notify the persons thus appointed of the same,
four days at the least before the sitting of the Court wherein they are
to serve, either by reading the venire and minute of the appointment
thereon, to the person appointed, or by leaving at their usual abode,
a written notification of their being drawn as aforesaid, and of the time
and place of the Court's sitting, at which they are to attend. And when
the Selectmen shall at any time lay a list of the persons liable and capable
to serve before their town, they shall carefully transfer from the back
of each old ticket, the minute thereon made, to the new one whereon the
same name is written, that it may be certainly known whether such person
shall have been drawn within three years.
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Proviso.
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Provided always, That if any person shall be drawn
and returned, and shall not appear, or appearing shall be excused by the
Court, the minute on his ticket shall not excuse him from being returned
again when he shall be drawn, although it shall happen within three years.
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When their shall be a deficiency of Grand
or Petit Jurors, Courts shall cause writs of venire facias to be
issued.
When from challenges, &c. there shall
not be a Jury to determine a cause, Sheriff or Coroner shall return Jurymen
detalibus circumstantibus.
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VI. And it is further enacted by the authority aforesaid,
That when there shall upon any occasion be a deficiency either of Grand
or Petit Jurors, by means whereof either the Supreme Judicial Court, or
the Court of Common Pleas or General Sessions of the Peace, cannot proceed
conveniently in the business of the country, the Courts shall cause writs
of venire facias to be forthwith issued and directed to the constables
of any town or towns in the country, for the appointment and return of
so many good and lawful men to serve on either Jury at the said Court,
as may be necessary, and the number required in such venire shall
be appointed as the law directs, and notified to attend immediately. And
when from challenges or otherwise, there shall not be a Jury to determine
any civil or criminal cause, the Sheriff or his Deputy shall by order
of the Court where such defect of Jurors shall happen, return Jurymen
detalibus circumstantibus, sufficient to complete the panel; and
when the Sheriff or his Deputy is interested or related, Jurors may be
returned by the Coroner, or such other disinterested person as the Court
shall apoint. Provided, There be seven at least of the Jurors returned
by the venire.
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Penalty for neglect of duty in Constables,
Selectmen, town clerks, or persons returned to serve on the petit Jury.
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VII. And be it further enacted, That if any constable
to whom such venire facias shall be directed and come, shall neglect
to do his duty, either in assembling the town, notifying the Selectmen
and town Clerk, or in notifying the Juror appointed, or in returning the
venire facias, he shall pay such fine as the Court in their direction
shall order, not exceeding the sum of ten pounds; and if any Selectmen
or town Clerk shall, after due notification by the constable, neglect
to attend and perform his duty herein prescribed, by means whereof the
Jurors called for from his town shall not be returned, he shall forfeit
and pay a fine at the discretion of the Court, not ex-
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ceeding |
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