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 where 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. ARTICLE III. OF SELECTING AND RETURNING JURORS FOR COURTS OF RECORD. SECTION 204. Jury lists, by whom and when to be made. 205. How selection shall be made. 206. Lists to contain how many names. 208. Lists to be placed with clerk. 210. Regular jurors to serve one year. 204. Within thirty days after the passage of this act the superior court in each of the counties of this state shall make an order designating the number of grand jurors, and also the number of trial jurors that, in the opinion of said court, will be required for the transaction of the business of said court during the year ending on the first day of January, 1881, and thereafter, in the month of January in each year, it shall be the duty of said court to make an order designating the estimated number of grand jurors, and also the number of trial jurors, that will, in the opinion of said court, be required for the transaction of the business of the court, and the court and the trial of causes therein, during the ensuing year. And immediately after said order shall be made, the board of supervisors shall select, as provided in the next section, a list of persons to serve as grand jurors and trial jurors. in the superior court of said county during the ensuing year, or until a new list of jurors shall be provided. In cities and counties having over one hundred thousand inhabitants such selection shall be made by the judges of the superior court.* 1. Amendments.-Sections 204, 205, 206, 208, 209, 211, 215, 219, and 241, were amended at the twenty-fourth session of the legislature, 1881. These amendments do not take effect until January 1, 1882, and are printed at page 471 et seq., post, immediately following section 220. 205. They shall proceed to select and list from those assessed on the last preceding assessment roll of such county, or city and county, suitable persons competent to serve as jurors; and in making such selection they shall take the names of such *See Amendments for 1882, following section 220. only as are not exempt from serving, who are in possession of their natural faculties and not infirm or decrepit, of fair character, of approved integrity, and of sound judgment.* 206. The list to be made shall contain the number of persons which shall have been designated by the court. The names for such list shall be selected from the different wards or townships of the respective counties in proportion to the number of inhabitants therein, as nearly as the same can be estimated by the persons making such list.* [207. Repealed by act approved April 3, 1876; in effect May 1, 1876. Amendments 1875-6, 86.] 208. Certified lists of the persons selected to serve as jurors shall at once be placed in the possession of the county clerk.* 209. On receiving such lists, the county clerk shall file the same in his office and write down the names contained thereon on separate pieces of paper of the same size and appearance, and fold each piece so as to conceal the name thereon. He shall deposit the pieces of paper having on them the names of the persons selected in a box, to be called the "jury box.”* 210. The persons whose names are so returned shall be known as regular jurors, and shall serve for one year and until other persons are selected and returned. 211. The names of persons, whether for grand or trial jurors, shall be drawn from the "jury box;" and if, at the end of the year, there shall be the names of persons in the "jury box" who may not have been drawn during the year to serve as jurors, the names of such persons may be placed upon the lists of jurors drawn for the succeeding year.* ARTICLE IV. OF DRAWING JURORS FOR COURTS OF RECORD. SECTION 214. Order of judge or judges for drawing of jury. 215. Sheriff to be notified. 216. Repealed. 217. Repealed. 218. Repealed. 219. Drawing, how conducted. 220. Preservation of ballots drawn. 221. Copy of list to be furnished by clerk, when. 214. Whenever the business of the superior court shall require the attendance of a trial jury for the trial of criminal cases, or where a trial jury shall have been demanded in any cause or causes at issue in said court, and no jury is in See Amendments for 1882, following section 220. attendance, the court may make an order directing a trial jury to be drawn, and summoned to attend before said court. Such order shall specify the number of jurors to be drawn, and the time at which the jurors are required to attend. And the court may direct that such causes, either criminal or civil, in which a jury may be required, or in which a jury may have been demanded, be continued, and fixed for trial when a jury shall be in attendance. 215. Immediately upon the order mentioned in the preceding section being made, the clerk shall, in the presence of the court, proceed to draw the jurors from the "jury-box."* [216, 217, and 218. Repealed by act, approved April 1, 1880; in effect immediately. Amendments 1880, 21.] 219. The clerk must conduct said drawing as follows: 1. He must shake the box containing the names of jurors so as to mix the slips of paper upon which such names are written as well as possible; he must then draw from the box as many slips of paper as are ordered by the court. 2. A minute of the drawing shall be entered in the minutes of the court, which must show the name contained on every slip of paper so drawn from the "jury-box." 3. If the name of any person is drawn from the box who is deceased or insane, or who may have permanently removed from the county, or who is exempt from jury service, and the fact shall be made to appear to the satisfaction of the court, the name of such person shall be omitted from the list, and the slip of paper containing such name be destroyed and another juror drawn in his place, and the fact shall be entered upon the minutes of the court. The same proceeding shall be had as often as may be necessary until the whole number of jurors required are drawn. After the drawing shall be completed, the clerk shall make a copy of the list of names of the persons so drawn, and certify the same. In his certificate he shall state the date of the order and of the drawing, and the number of jurors drawn, and the time when and the place where such jurors are required to appear. Such certificate and list shall be delivered to the sheriff for service.* 220. After a drawing of persons to serve as jurors, the clerk shall preserve the ballots drawn, and at the close of the session or sessions for which the drawing was had, he shall replace in the proper box from which they were taken all ballots which See Amendments for 1882, following section 220. have on them the names of persons who did not serve as jurors for the session or sessions aforesaid, and who were not exempt or incompetent. AMENDMENTS. TO TAKE EFFECT JANUARY 1, 1882. 204. In the month of January in each year, it shall be the duty of the superior court in each of the counties of this state to make an order designating the estimated number of grand jurors, and also the number of trial jurors, that will, in the opinion of said court, be required for the transaction of the business of the court, and the trial of causes therein, during the ensuing year; and immediately after said order shall be made, the board of supervisors shall select, as provided in the next section, a list of persons to serve as grand jurors, and also a list of persons to serve as trial jurors, in the superior court of said county, during the ensuing year, or until new lists of jurors shall be provided. In cities and counties having over one hundred thousand inhabitants, such selection shall be made by the judges of the superior court, or a majority of them, if all do not attend. [Approved March 7, 1881; in effect January 1, 1882. 205. They shall proceed to select and list the grand jurors required by said order of the superior court, and then select and list the trial jurors required by said order. Said selections and listings shall be made of persons suitable and competent to serve as jurors, who are assessed on the last preceding assessment roll of such county, or city and county; and in making such selections they shall take the names of such only as are not exempt from serving, who are in possession of their natural faculties, and not infirm or decrepit; of fair character and approved integrity, and of sound judgment. [Approved March 7, 1881; in effect January 1, 1882. 206. The list of jurors, to be made as provided in the preceding section, shall contain the number of persons which shall have been designated by the court in its order. The names for such lists shall be selected from the different wards or townships of the respective counties in proportion to the number of inhabitants therein, as nearly as the same can be estimated by the persons making said lists; and said lists shall be kept separate and distinct one from the other. [Approved March 7, 1881; in effect January 1, 1882. 208. Certified lists of the persons so selected to serve as grand jurors and as trial jurors shall at once be placed in pos session of the county clerk. [Approved March 7, 1881; in effect January 1, 1882. 209. On receiving such lists the county clerk shall file the same in his office, and write down the names contained thereon on separate pieces of paper, of the same size and appearance, and fold each piece so as to conceal the name thereon. He shall deposit the pieces of paper having on them the names of the persons selected to serve as grand jurors in a box to be called the "grand jury box," and those having on them the names of the persons selected to serve as trial jurors in a box to be called the "trial jury box." [Approved March 7, 1881; in effect January 1, 1882. 211. The names of persons drawn for grand jurors shall be drawn from the "grand jury box," and the names of persons for trial jurors shall be drawn from the "trial jury box;" and if, at the end of the year, there shall be the names of persons in either of the said jury boxes who may not have been drawn during the year to serve, and have not served as jurors, the names of such persons may be placed on the list of jurors drawn for the succeeding year. effect January 1, 1882. [Approved March 7, 1881; in 215. Immediately upon the order mentioned in the preceding section being made, the clerk shall, in the presence of the court, proceed to draw the jurors from the "trial jury box." [Approved March 7, 1881; in effect January 1, 1882. 219. The clerk must conduct said drawing as follows: First-He must shake the box containing the names of the trial jurors so as to mix the slips of paper upon which such names are written as well as possible; he must then draw from said box as many slips of paper as are ordered by the court. Second-A minute of the drawing shall be entered in the minutes of the court, which must show the name on each slip of paper so drawn from said jury box. Third-If the name of any person is drawn from said box who is deceased or insane, or who may have permanently removed from the county, or who is exempt from jury service, and the fact shall be made to appear to the satisfaction of the court, the name of such person shall be omitted from the list, and the slip of paper having such name on it shall be destroyed and another juror drawn in his place, and the fact shall be entered upon the minutes of the court. The same proceeding shall be had as often as may be necessary until the whole number of jurors required be drawn. After the drawing shall be |