1296. Jury of inquest. A jury of inquest is a body of persons summoned from the citizens of a particular city or precinct before a justice of the peace to inquire into particular facts. [C. L. § 3066*.

1297. Who competent as jurors. A person shall be competent to act

as a juror:

and.

1.

2.

3.

Who is a citizen of the United States over the age of twenty-one years;

Who can read and write the English language; and,

Who resides in, and has resided in the county in which such person is called upon to serve, for six months next preceding the time such person is selected; provided, that the residence required to render a person competent to serve as a juror in a justice's court or on an inquest shall be in the city or precinct for six months next preceding the time actually called to serve; and,

t.

5.

Who is a taxpayer in the state; and,

Who is of a reputable sound mind and discretion, and who is not so disabled in body as to be unable to serve. [C. L. § 3067*.

Religious belief or the lack of it not to affect competency of juror, Con. art. 1, sec. 10.

Act Jan. 21, 1859, in so far as it prescribes that a juror shall be a taxpayer, is in violation of U. S. Constitution, and void. Reece v. Knott, 3 U. 451; 24 P. 757.

The provision that a person shall not serve as a petit juror unless he is the owner of taxable property cannot be disregarded. The qualification

must exist at the time he is offered, and not when the jury list was prepared. Conway v. Clinton, 1 U. 215. A juror summoned was the owner of taxable property, and was ready to pay his taxes, but was not assessed and did not pay taxes; held, that it was not his fault that he was not assessed, and that he was competent to serve. U. S. v. Reynolds, 1 U. 227.

1298. Who incompetent. A person shall not be competent to act as a juror: 1. Who does not possess the qualifications prescribed by the last preceding section.

2.

Who has been convicted of malfeasance in office or any felony or other high crime.

3.

Who is an officer or soldier of the United States, or a person subject to. the military control thereof. [C. L. § 3068. A pardon granted to an offender has the effect of amnesty, and when summoned as a juror he cannot

be challenged. U. S. v. Bassett, 5 U. 131; 13 P.. 237.

1299. Who exempt. A person shall be exempt from liability to act as a juror who is:

1. A judicial or civil officer of the United States, or of the state of Utah, or a military officer or soldier of the state in actual service.

2.

A person holding a county, city, town, or precinct office.

3. An attorney and counselor at law.

4.

A person editing a newspaper or periodical.

5.

6.

A practicing physician or surgeon.

A teacher in a university, college, academy, or school.

7. An officer, keeper, or attendant of an almshouse, hospital, asylum, orother charitable institution.

8. A person engaged in the performance of duty as officer or attendant of a county jail or of the state prison..

9. An express agent, mail carrier, telegraph or telephone employee, miller, or keeper of a public ferry or toll gate.

10. A dispensing druggist of a prescription drug store.

11.

railroad.

A superintendent, engineer, conductor, fireman, or station agent of a

12. A person drawn as a juror in any court of record in this state, upon a regular panel, who has served as such within a year; but this exemption shall not extend to a person who is summoned as a juror for the trial of a particular case. 13. An active member of a regularly organized fire company of any city ortown in this state.

14. A female citizen. [C. L. § 3069*.

1300. Juror excused, when. A juror cannot be excused by the court for slight or trivial cause, or for hardship or inconvenience to his business, but only when material injury or destruction to his property, or of property entrusted to him, is threatened, or when his own health, or the sickness or death of a member of his family, requires his absence. [C. L. § 3070*.

Juror excused on his own motion on first day not entitled to fees, 991.

Excusing jurors for the term prior to calling a

cause for trial is in the sound discretion of the court. Anderson v. Wasatch & J. V. Ry. Co., 2

. U. 518.

1301. Person exempt, how excused if summoned. If a person exempt from liability to act as a juror, as provided in this title, be summoned as a juror, he may make and transmit his affidavit to the clerk of the court for which he is summoned, stating his office, occupation, or employment; and such affidavit shall be delivered by the clerk to the judge of the court when the name of such person is called, and if sufficient in substance, shall be received as an excuse for non-attendance in person. The affidavit shall then be filed by the clerk. § 3071.

[C. L.

1302. Appointment of jury commissioners. The judge or judges of the district court of each county shall, prior to December first of each calendar year, appoint for the next calendar year two persons as jury commissioners, who shall be voters of the county, well known to be of opposite politics and of good character for intelligence, morality, and integrity.

Ind. R. S. (1881) ? 1385.

1303. Id. Notification. Oath. Such commissioners shall be immediately notified of their appointment by the clerk, and, before entering upon the duties of their office, take an oath or affirmation before the county clerk in the following form: "You do solemnly swear (or affirm) that you will honestly and without favor or prejudice, perform the duties of jury commissioners during the term of your office; that in selecting persons to be drawn as jurors you will select none but persons whom you believe to be of good repute for intelligence and honesty; that you will select none whom you have been requested to select, and that in all your selections you will endeavor to promote only the impartial administration of justice."

Ind. R. S. (1881) ? 1385*.

1304. Who disqualified. Refusal to act. No person shall be appointed a jury commissioner who, at the time, is party to or interested in a cause pending in the county which may be tried by a jury to be drawn during the calendar year next succeeding his appointment. Any person appointed a jury commissioner, who shall fail to take upon himself such office, or, having accepted the same, shall fail without good cause to discharge any of the duties thereof, shall be deemed guilty of contempt of court, and shall be summarily punished by a fine of not less than five nor more than one hundred dollars.

Ind. R. S. (1881) ? 1391*.

1305. Id. Vacancies. Pay. Should a vacancy occur in the office of jury commissioner at any time, or should any such commissioner fail to act when required, the district judge shall appoint a person, either in open court or by letter or telegram, to fill such vacancy or to act for the time being, as the case may require, who shall take the oath required by this el For the time actually and necessarily employed in the performance of his duties, each jury commissioner shall be allowed by the court three dollars per day, and upon such allowance the county auditor shall draw his warrant therefor and the same shall be paid out of the county treasury.

Ind. R. S. (1881) 1392*.

1306. Selection of jurors. It shall be the duty of the jury commissioners, before the fifteenth day of December, after their appointment, to select from the names of the legal voters on the assessment roll of the county for the

current year, a written list of names from which the grand and petit jurors shall be drawn to serve in the district court of such county during the succeeding calendar year. In making the selection of names, they shall choose only those who are not exempt from serving on juries, who are in possession of their faculties, who are not infirm or decrepit, who are well informed and free from legal exceptions, and, as far as practicable, who have not been returned on the jury list of the next preceding year. Νο person shall be selected as a juror who is known to them to be interested in or has a cause pending which may be tried by a jury to be drawn from the names so selected, or who, either personally or by any other means, has solicited his selection as such.

Ind. R. S. (1881) 1⁄2 1386*.

1307. Id. Number. List. In counties in which at the last general election more than four thousand votes were cast, there shall be selected four names for every one hundred votes cast; and in counties in which, at such election, a less number of votes were cast, there shall be selected six names for every one hundred votes so cast; provided, that in no case shall less than seventy-five names be selected. Names shall be selected, as far as practicable, from the several precincts of the county in proportion to the number of votes cast therein. The name and residence of each person selected shall be entered upon a list. The list shall be certified by the jury commissioners, and shall be filed immediately after its preparation in the office of the clerk of the district court; and a duplicate copy, made and duly certified by the clerk, shall be filed in the office of the sheriff.

1308. Commissioners kept free from intrusion. During the preparation of the list of jurors, the jury commissioners shall be kept free from the intrusion of any person, and shall not separate without leave of court until they shall have completed the duties required.

Ark. Dig. of S. (1894) ? 4270.

1309. Names of jurors deposited in "jury box." On receiving such list, the county clerk shall file the same in his office, and shall write down the names contained therein on separate pieces of paper of the same size and appearance, as nearly as may be, and shall fold up each of such pieces of paper, so as to conceal the names thereon, and deposit them in a box to be kept by him for such purpose, to be labeled "jury box." Before depositing the names in such box, the clerk shall destroy the papers therein containing the names of jurors theretofore selected. [C. L. § 3074*.

1310. Drawing jurors. Officers to be present. At least fifteen days before any term of the court at which a petit jury shall be required by law, or a grand jury be ordered by the court, the clerk of the county where such court is to be held shall draw from the jury box such number of names to serve as petit jurors and such number to serve as grand jurors as the judge may verbally, by letter, or by telegram direct. The names of persons to serve as grand jurors shall be drawn first. At least three days before the drawing of such jurors, the clerk shall give notice to the county attorney and the county treasurer of the day and hour when such drawing will take place. At the date so appointed, it shall be the duty of such officers to attend at the clerk's office to witness such drawing, and if any two of such officers shall attend at the time and place appointed, the clerk shall proceed in their presence to draw the jurors. If two of the officers so notified do not appear, the clerk shall adjourn the drawing of such jurors until the next day, and shall, by written notice, require any justice of the peace of the county to attend such drawing on the adjourned day. ['96, pp. 139-40*.

1311. Drawing, how conducted. The clerk shall conduct such drawing as follows:

1. He shall shake the jury box so as to thoroughly mix the slips of paper upon which the names of the jurors are written.

2.

He shall then publicly draw out of the box as many of said slips as shall be required by law, or ordered by the judge.

3. A minute of the drawing shall be kept by one of the attending officers, in which shall be entered the name contained on every slip of paper so drawn before any other such slip shall be drawn.

4. If, after drawing the whole number required for grand or petit jurors, the name of any person shall appear to have been drawn who is dead or insane, or who has removed from the county, to the knowledge of the clerk or any other attending officer, or who is exempt from such service, an entry of such fact shall be made in the minute of the drawing, and the slip containing such name shall be destroyed.

5. Another name shall then be drawn in place of that contained on the slip so destroyed, and shall be entered in the minutes of the drawing.

6.

The same proceedings shall be had as often as may be necessary to complete the whole number of jurors required.

7. The minute of the drawing shall then be signed by the clerk and the attending officers, and filed in the clerk's office.

8. Separate lists of the names of the persons so drawn for petit jurors and for grand jurors, with their places of residence, shall be made and certified by the clerk and attending officers, and delivered to the sheriff of the county. The clerk of the court shall issue a venire to the sheriff or his deputy directing him to summon the persons so drawn. The slips so drawn from the box shall be preserved but shall not be returned to nor again placed therein until the balance of the slips therein shall have been drawn out; provided, that if, during the year, all of the slips shall have been drawn from the box, they must be again placed therein, and the same procedure had as hereinbefore provided. ['96, p. 139*.

1312. Additional drawing. Open venire. If, during any term of a district court, any additional grand or petit jurors shall be necessary, the same shall be drawn from said box by the sheriff or his deputy in open court; but if in the judgment of the court the attendance of those drawn cannot be obtained in a reasonable time, they may be laid aside, and other names may be drawn in their places in the same manner. If all names are exhausted at any term, the judge may order an open venire for such number of jurors as he may deem necessary, who shall be summoned to serve. [C. L. § 3078*; '96, p. 140*.

The district court under the Poland act might issue an open venire to summon jurors. U. S. v.

Clawson, 4 U. 34; 5 P. 689. Affirmed, 114 U. S. 477.

1313. Separate panels in certain districts. In districts having more than one judge, each judge therein shall have the power to order drawn such number of grand and petit jurors as may be necessary to serve in the court presided over by such judge. ['97, p. 24.

1314. Copies of list, when furnished. The clerk of the district court must furnish any person applying therefor, and paying the fees allowed by law for the same, a copy of the list of jurors drawn to attend any court. § 3079.

[C. L.

1315. Service of venire by mail. It shall be the duty of the clerk when issuing any venire for jurors to ascertain, whenever practicable, and insert therein, their postoffice addresses; and when the venire shall have been received for service by the sheriff, if the time is sufficient for service by mail, he shall address to each person summoned, whose postoffice address shall have been given or can be promptly ascertained, a notice requiring such person to be and appear at the time and place for the purpose mentioned in the venire. The sheriff shall sign the notice officially, and shall register and mail it, postage and registry fee prepaid, to the person summoned, at his postoffice address, with a request indorsed on the envelope in the usual form for the return of the letter to the sender, if not delivered within five days. The receipt of such registered letter by the person to whom it is addressed shall be deemed valid service upon him of the venire, and the returned registry receipt signed by such person or by any

other person in his behalf, shall be taken as prima facie evidence of service, and the sheriff shall make return accordingly. ['96, p. 311*.

1316. Personal service. If the time is insufficient for service of the notice by mail or if having been sent it shall be returned through the mail undelivered, the sheriff may make or cause to be made personal service of the venire. ['96, p. 311*.

1317. Id. How made. Whenever, after the return through the mail of a notice, it shall be necessary to make personal service of the same, and the person upon whom service is to be made resides or is to be found at a place other than that at which the court issuing such venire, is held, then, except in cases of emergency, such venire shall be by the officer having the same for service sent by mail to any sheriff or deputy sheriff residing nearest the locality where such service is to be made, and such sheriff or deputy sheriff shall make return to the officer sending the same by mail. ['96, pp. 311–12*.

1318. Names of trial jurors, how kept. At the opening of the court on the day trial jurors have been summoned to appear, the clerk shall call their names, and the court may then hear their excuses; the names of those attending and not excused must then be written by the clerk upon separate slips of paper, folded so as to conceal the names, placed in a box, to be called the “ trial jury box," and thoroughly shaken. From this box the trial jury must be drawn. [C. L. § 3088*.

Impaneling jury, ?? 3135, 4812. Fees of jurors, 991. Juror excused on first day on his own

motion not entitled to fees, 991.

1319. Grand jury, how formed. When, of the persons summoned as grand jurors competent and not excused, seven are present, they shall constitute the grand jury. If more than seven of such persons are present, their names must be written by the clerk on separate ballots, folded so as to conceal the names, and placed in a box. The clerk must then draw out of the box seven ballots, and the persons whose names are thereon shall constitute the grand jury. [C. L. § 3086*.

Fees of grand jurors, 991.

1320. Jurors in justice's court. Summoning. When jurors are required in any justice's court, the number required by law must, upon the order of the justice thereof, be summoned by a peace officer of the jurisdiction. [C. L. $ 3081*.

Fees of jurors, 999. Payment of fees in advance, ? 1003.

1321. Id. Qualifications. Such jurors must be summoned from the persons resident in either the city or precinct, competent to serve as jurors, and not exempt from such service, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required. [C. L. $ 3082.

1322. Id. Return. The officer summoning such jurors must, at or before the time fixed for their appearance, return the order to the court, with a list of the persons summoned indorsed thereon. [C. L. § 3083.

1323. Id. Number summoned. How drawn. At the time appointed for a jury trial in justices' courts, the list of jurors summoned, which shall be eight, or double the number agreed upon before the trial by the parties, must be called, and the names of those attending and not excused must be written upon separate slips of paper, folded so as to conceal the names, and placed in a box, from which the trial jury must be drawn.

Mont. Civ. C. 2340.