DoHistoryArchivesite maptech helpabout sitesearch

The Perpetual Laws of the Commonwealth of Massachusetts
Massachusetts General Court
May 1789
Location of original: Massachusetts Historical Society, Boston, Massachusetts
View thumbnails of the 10 pages in this document
View Image
View Image

Page 118


  Courts and Forms of Process  

118 Choice and Services of Petit Jurors. PART III.

  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.

The meeting for the appointment of Petit Jurors, to be six days before the sitting of the Court.

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.


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.

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.

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.

Penalty for neglect of duty in Constables, Selectmen, town clerks, or persons returned to serve on the petit Jury.

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-

<   >

 Title page   Page 16   Page 17   Page 116   Page 117 
 Page 118   Page 119   Page 186   Page 187   Page 188 

home your interests who was Martha? Martha's diary book film doing history archive on your own