1606. The county clerk must immediately serve a copy of the revocation upon the sheriff of the county, who must thereupon remove the prisoners to the jail of the county from which the removal was had. 1607. When a county jail or a building contiguous to it is on fire, and there is reason to apprehend that the prisoners may be injured or endangered, the sheriff or jailer must remove them to a safe and convenient place, and there confine them as long as it may be necessary to avoid the danger. 1608. When a pestilence or contagious disease breaks out in or near a jail, and the physician thereof certifies that it is liable to endanger the health of the prisoners, the county judge may, by a written appointment, designate a safe and convenient place in the county, or the jail in a contiguous county, as the place of their confinement. The appointment must be filed in the office of the county clerk, and authorize the sheriff to remove the prisoners to the place or jail designated, and there confine them until they can be safely returned to the jail from which they were taken. 1609. A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to the prisoner, with a note thereon of the time of its service. For a neglect to do so, he is liable to the prisoner for all damages occasioned thereby. 1610. The sheriff, when necessary, may, with the assent in writing of the county judge, or in a city, of the mayor thereof, employ a temporary guard for the protection of the county jail, or for the safe keeping of prisoners, the expenses of which are a county charge. 1611. The sheriff must receive all persons committed to jail by competent authority, and provide them with necessary food, clothing, and bedding, for which he shall be allowed a reasonable compensation, to be determined by the board of supervisors, and, except as provided in the next section, to be paid out of the county treasury. 1612. Whenever a person is committed upon process in a civil action or proceeding, except when the people of this state are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued by a deposit of money, to meet the expenses for him of necessary food, clothing, and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of court. 1613. Persons confined in the county jail under a judgment of imprisonment rendered in a criminal action or proceeding, may be required by an order of the board of supervisors to perform labor on the public works or ways in the county. 1614. The board of supervisors making such order, may prescribe and enforce the rules and regulations under which such labor is to be performed. Approved February 14, 1872. NEWTON BOOTH, Governor. PROVISIONS OF THE CODE OF CIVIL PROCEDURE RELATING TO JURIES, CONTEMPTS, AND EVIDENCE. CHAPTER I. JURORS. ARTICLE I. JURORS IN GENERAL. II. QUALIFICATIONS AND EXEMPTIONS OF JURORS. III. OF SELECTING AND RETURNING JURORS FOR COURTS OF RECORD. IV. OF DRAWING JURORS FOR COURTS OF RECORD. V. OF SUMMONING JURORS FOR COURTS OF RECORD. VI. OF SUMMONING JURORS FOR COURTS NOT OF RECORD, VII. OF SUMMONING JURORS OF INQUEST. VIII. OBEDIENCE TO SUMMONS, HOW ENFORCED. IX. OF IMPANELING GRAND JURIES. X. OF IMPANELING TRIAL JURIES IN COURTS OF RECORD. ARTICLE I. JURORS IN GENERAL. SECTION 190. Jury defined. 191. Different kinds of juries. 192. Grand jury defined. 193. Trial jury defined. 194. Number of a trial jury. 195. Jury of inquest defined. 190. A jury is a body of men temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact. 1. Amendments.-Sections 190 to 254, inclusive, here given, were substituted in place of those sections as originally passed, by act approved April 1, 1880; in effect immediately. Amendments 1880, 21. 191. Juries are of three kinds: 1. Grand juries; 2. Trial juries; 3. Juries of inquest. or 192. A grand jury is a body of men, nineteen in number, returned in pursuance of law from the citizens of a county, city and county, before a court of competent jurisdiction, and sworn to inquire of public offense committed or triable within the county, or city and county. 193. A trial jury is a body of men returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine, by verdict, a question of fact. 194. A trial jury shall consist of twelve men; provided, that in civil actions aud cases of misdemeanor, it may consist of twelve, or of any number less than twelve, upon which the parties may agree in open court. 195. A jury of inquest is a body of men summoned from the citizens of a particular district before the sheriff, coroner, or other ministerial officer, to inquire of particular facts. ARTICLE II. QUALIFICATIONS AND EXEMPTIONS OF JURORS. SECTION 198. Who competent to act as juror. 199. Who not competent to act as juror. 200. Who exempt from jury duty. 201. Who may be excused. 202. Affidavit of claim to exemption. 198. A person is competent to act as juror if he be: 1. A citizen of the United States of the age of twenty-one years, who shall have been a resident of the state one year, and of the county, or city and county, ninety days before being selected and returned; 2. In possession of his natural faculties, and of ordinary intelligence, and not decrepit; 3. Possessed of sufficient knowledge of the English language; 4. Assessed on the last assessment roll of the county, or city and county, on property belonging to him. 199. A person is not competent to act as a juror: 1. Who does not possess the qualifications prescribed by the preceding section; or, 2. Who has been convicted of malfeasance in office, or any felony or other high crime. be: 200. A person is exempt from liability to act as a juror if he 1. A judicial, civil, or military officer of the United States, or of this state; 2. A person holding a county, city and county, or township office; 3. An attorney at law; 4. A minister of the gospel, or a priest of any denomination, following his profession. 5. A teacher in a university, college, academy, or school; 6. A practicing physician, or druggist, actually engaged in the business of dispensing medicines; 7. An officer, keeper, or attendant of an alms-house, hospital, asylum, or other charitable institution; 8. Engaged in the performance of duty as officer or attendant of the state prison, or of a county jail; 9. Employed on board of a vessel navigating the waters of this state; 10. An express agent, mail carrier, superintendent, employé, or operator of a telegraph line doing a general telegraph business in the state, or keeper of a public ferry or toll gate; 11. An active member of the national guard of California, or an active member of a fire department of any city and county, city, town, or village in this state, or an exempt member of a duly organized fire company who had become exempt from jury duty before the passage of this act; or, 12. A superintendent, engineer, or conductor on a railroad; 13. 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. 201. A juror shall not be excused by a 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 intrusted to him, is threatened, or when his own health, or the sickness or death of a member of his family, requires his absence. 202. If a person, exempt from liability to act as a juror as provided in section 200, be summoned as a juror, he may make and transmit his affidavit to the clerk of the court |