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ceeding in sid suit at law, he shall then proceed
cember, in the yrir of our Lord one thou-
President of the Senate.
An ACT to alter and amend the law respecting
juries, and to make sone additional regulations to the acts for establishing and regulating the rircuit courts.
TIEREAS, the mode of drawing special V juries, p.escribed by the act of the general assembiy of this state, passed on the nineteenth day of July, in the year of our Lord one thousand seven hundred and sixty-nine, has by experience been found inadequate to that fair and impartial administration of justice which is to be expected in every case where special juries are drawn, and it has some times so happened that special juries have been drawn entirely out of the number of those whose names were given
in or delivered to the court by one of the parties in controversy: For remedy thereof,
Be it therefore enacted by the honorable the Senate and House of Reprisentatives, now met. and sitting in general assembly, and by the au- · thority of the same, That it shall and may be Mode of lawful for the court of common pleas in the se- drawing. veral districts throughout this state, in any civil ries to be action where the value in dispute is equal to or observed
in future, exceeds fifty pounds sterling money, or on application by either party, plaintiff or defendant, in any case, at his, her or their own expense, or with the consent of both parties in any action, to order a special jury to be struck, for the trial of the said cause, at the court to be bolden in the district whcre such cause shall be triable, which shall be done in the following manner, that is to say ; cach arty, plaintiff and defendant, shall give in or diver to the other the names of any eighteen persons having the qualifications of grand jurors, viom lie, she or they would choose for jurors in the case controverted, out of which lists each party shall strike out the names of such eight persons whose names were given in by the other party, as he, she or they may choose to reject; and out of the ten persons remaining on each list, each party shall mark or name such four persons on the list of the adverse party, as he, she or they may think fit to have summoned as talesmen; and the twenty men who shall be chosen for juıymen and talesmen, as before directed, shall be summoned by the sheriff of the district in which the cause is to be tried, at least six days, (or any sliorter time, if the parties shall consent thereto) before the meeting of the court in the said district, to attend on the said court as a special jury, and as talesmen if occasion shall require; and if all the twelve men who .
shall be summoned for the special jury, shall not attend at the couit, and at the time to which they shall be summoned, thien out of the number of those who shall be summoned for tales. men, and shall attend as such, cach party shall, out of the talesmen of the adverse party, choose so many as shall be requisite to make up, together with such of his, her or their gli special jurymen as shall have attendei agrecably to their sumnions, the number of six, to the end, that in every cause tried by a special jury, each party nay luar six jurymen, of his, her or their own choice: but out of the ten men summoned as special jury and talesmen, on behalf of each party in any cause, six men shall not appeur on be. half of both or either of the parties, then each party shall, instunter, give into the court the names of so many men, from the vicinity of the court-house, as will make three times the number wanted to make up his, her or their compliment of six jurors, who shall be immediately summoned by the sheriff of the district, to give their attendance; and out of the number who shall attend after being so summoned, each party shall choose as many as will make up his, lier or their compliment of six julum; and every jury sodann us is above directed, shall consti. tuk it p-vil jury, to hear, try and determine any such cause as shall be submitted to them : Prosadi aliays nevertheless,' That nothing hercin contained shall debar any person of or from legal challenges, to any of the said jurors.
And be it further enacted by the authority Judges aforesaid, That the chief justice and associate. may make judges of the court of common pleas of this ders,'&c. staic, or a majority of them, shall be, and they
are hereby authorized to inake and establish all such rules, orders and regulations as they may
For the surovince,
deem proper or necessary, to carry fully into effect the foregoing clause of this act.
And be it further enacted by the authority aforesaid, That so much of the law or act, enti- Repealing tled, “ An act for establishing courts, building, clause. gaols and appointing sheriffs and other officers, for the more convenient administration of justice in this province, passed on the nineteenth day of July, which was in the year of our Lord one thousand seven hundred and sixty-nine, as is repugnant or contrary to the foregoing clause of this act, shall be, and the same is hereby repealed.
And be it further eilucted by the authority aforesaid, That every man who shall be sum- Penalties moned as is herein bu bore directed, to attend on on special
jurors ne. a special jury, and shall ful, neglect or refuse to glecting attend agreeably to his suinmons, shall be liable to attend. to the same pains and penalties, recoverable in the same manner, as those imposed on persons who fail, neglect or refuse to appear and attend at any district court as grand jurors, after being duly summoned for that purpose. Provided always nevertheless, That 110 person sinull be compelled to serve on more than two special juries during the same court or term.
And be it further enacted by the authority aforesaid, That it shall and may be lawful for the New jury
" bist to be chief justice, or any of the associate judges, and made at they are hereby directaal, once in (ory three least once
in three years at least, to make and appoint net jury lists for the several district courts established by law, in the following numei, that is to say, the judge who shall preside at the court for which a new jury list is intended to be formed, shall cause to be transcribed, from the tax lists of the district, of the preceding ycar, which shall be laid before him by the sheriff of the district, the name of every person cntitled, agrecably to the constitu
tion, to vote for members of the legislature ; and out of the persons who shall have paid the sum of fifteen shillings lawful money, or upwards, for his tax the last preceding, he shall carefully select the names of those best qualified to serve as grand jurors, and shall put their names, in the manner prescribed by law, in the division of the jury box number one. Provided nevertheless, That the number of the grand jurors do not exceed one half of the number contained in the list of petit jurors. And all the names of the persons who are entitled, agree. ably to the constitution, to vote for members of the legislature, shall be laid before the judge, who shall, out of the persons who have paid the sum of five shillings lawful money, or upwards, for his tax last preceding, select the names of those best qualified to serve as petit jury men, and shall put their names, in the manner prescribed by law, into the division of the jury box numbered three, who shall be liable to be drawn to serve as petit jury men, and jurors for the court of common pleas, as directed by law.
And be it further enacted by the authority Judges aforesaid, That whenever the judges or judge,
se who may preside in the court of common pleas six additional jurors in the several country districts of this state, are to be about to draw jurors to be summoned for the drawn, and form next succeeding court, they or he shall draw or two juries. cause to be drawn, in the manner prescribed by
the jury law of this state, the names of six persons in addition to those heretofore drawn, to serve in the court of common pleas of the said several districts; and the persons whose names are so drawn, shall be summoned to attend in the usual manner, and shall be entitled to all the privileges and benefits, and subjected to all the penalties of other jurors. And out of the whole