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Courts
and Forms of Process |
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| PART III. |
Choice and Services of
Petit Jurors. |
117 |
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| ceeding the sum of five pounds;
and if any person appointed and returned to serve on the Petit Jury, shall
unnecessarily fail of attending, he shall, if he is an inhabitant of Boston,
Salem, or Newburyport, pay a fine of five pounds, and
if an inhabitant of any other town, he shall pay a fine of forty shillings;
which fines shall be equally divided amongst the Jurors who attend their
duty. |
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And it is further enacted by the authority aforesaid,
That the Justices of the respective Courts aforesaid, shall upon motion
from either party in suit, put any Juror upon oath, whether he is in any
way related to either party or hath directly or indirectly formed or given
any opinion, or is sensible of any prejudice in the cause; and if it shall
then appear to the Court that any Juror does not stand indifferent in
the cause, he shall be set aside from the trial of that cause and another
called in his stead. And the Sheriff of each county, as soon as he shall
receive the venire for Jurors from the Clerk of either Court, shall
forward them without any delay, to the constables of the serveral towns
whereunto they are directed.
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Justices of the respective Courts, upon
motion of either party, shall put any Juror upon oath.
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And it is further enacted That in all causes relating
to the reality, either party may have a Jury to view the place in question,
if the Court shall be of opinion that such view is necessary to the justice
of the trial. Provided, The party moving therefor shall advance
such reasonable sum to the Jury as the Court shall order to be taxed against
the adverse party, if he who advances the same shall prevail in the suit.
Provided, That no settled Minister, Justice of the Peace qualified
to act in his office, practicing Attorney, Sheriff, Deputy Sheriff, Coroner,
Constable, Warden, Register of a Court of Probate, Register of Deeds,
Clerk of a common law Court, Physician, constant Ferryman or Miller, shall
be liable to be put into the box.
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In causes relating to the reality, either
party may have a Jury, &c.
Proviso.
Proviso.
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[This act passed June 26, 1784.]
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An Act directing the Time and Manner of appointing County
Treasurers.
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| BE it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of hte
same, That there shall be annually chosen in each county within this
Commonwealth, in the month of March or April, by the written
votes of such persons as are by the constitution qualified to vote for Representatives
in the several towns or districts, a discreet suitable person, being a freeholder,
and resident in the same county, for a county Treasurer; the votes to be
counted and sorted in the town or district meeting by the moderator thereof
and town-clerk; the names of the persons voted for, and the number each
person had, shall be recorded by the clerk in the town or district book,
and an attested copy of such record shall be transmitted under seal to the
next Court of General Sessions of the Peace, to be held within and for the
same county, on the first day of the Court's sitting; there to be opened
and compared with the like returns from the several towns and districts
in such count: And the person having the |
County-Treasurer to
be annually chosen |
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