Service of one year. Old names destroyed upon receipt of new. When petit and grand jurors drawn. Notice of drawing. Witnesses. Clerk to draw jurors. Adjournment. To notify justice. When elerk to proceed. Drawing, how conducted. package marked "grand jurors" all the names appearing upon the lists returned as grand jurors; and in the package marked "petit jurors" all the names appearing upon the list returned as petit jurors from the township or supervisor district, or voting precinct represented by the name indorsed upon such package, and he shall number said packages in numerical order, commencing with number one. SEC. 128. The persons whose names shall be so returned shall serve as jurors for one year, and until other lists from the respective townships or wards shall be returned and filed. SEC. 129. Upon receiving such new lists, the county clerk shall destroy the names placed in said packages for the preceding year and replace the same by the names contained in such new lists in the same manner as above required. SEC. 130. At least fourteen days before the holding of any circuit court at which such juries shall be required by law, the clerk of the county where such court is to be held shall draw from the petit jurors the names of twenty-four persons. and any additional number that may have been ordered by the court, to serve as petit jurors; and also from the grand jurors the names of twenty-three persons to serve as grand jurors, if a grand jury shall have been ordered by the court. SEC. 131. At least three days before the drawing of such jurors, the clerk shall give notice to the sheriff and two justices of the peace of said county, of the day and hour when such drawing will take place. SEC. 132. At the time so appointed, it shall be the duty of the sheriff of the county in person, or by his under sheriff, and the justices aforesaid, to attend at the clerk's office of the county, to witness such drawing; and if any two of said officers shall attend at the time and place appointed, the clerk shall proceed in their presence to draw the jurors. SEC. 133. 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. SEC. 134. If at the adjourned day, any two of the officers notified to attend the drawing of such jurors shall appear, but not otherwise, the clerk shall proceed, in the presence of the officers so appearing, to draw the jurors. SEC. 135. The clerk shall conduct such drawing as follows: 1. He shall place in a box prepared for that purpose, first only the names contained in one of said packages, and he shall then shake the box so as to mix the slips of paper upon which such names were written as much as possible; 2. He shall publicly draw out of said box one slip of paper, and hand the same to the officer in attendance whose duty it is to keep a minute of the names drawn; when such officer shall have made a minute of the name so drawn, said clerk shall withdraw from said box all the remaining names and return them to the package from which they were taken; and thereupon he shall place in said box only the names contained in the package represented by the number next in numerical order to the one from which the last name was drawn, and shall proceed to draw therefrom one name, hand the same to the attending officer, and return the balance thereof to the package from which they were taken in the same manner as hereinbefore provided for drawing the first name, and the said clerk shall continue drawing one name from each package in their numerical order in the manner herein before provided until the number of jurors required shall have been drawn, and the said county clerk shall keep a record of the number of the package from which the last name was drawn at each drawing, and shall at the next succeeding drawing of jurors commence to draw from the package next in numerical order to the one from which the last name was drawn at the last preceding drawing; 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 permanently removed from the county, to the knowledge of the clerk or any other attending officer, an entry of such fact shall be made in the minute of the drawing, and the slip of paper containing such name shall be destroyed; 5. Another name shall then be drawn in the place of that contained on the slip so destroyed, which shall in like manner be entered in the minutes of the drawing; 6. The same proceedings shall be had as often as may be necessary, until the whole number of jurors required shall have been drawn; 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 of those drawn for grand jurors, with their places of residence, and specifying for what term of court they were drawn, shall be made and certified by the clerk and the attending officers, and shall be delivered to the sheriff of the county. persons SEC. 136. The sheriff of every county in this State shall Notice to serve a personal notice upon each of the persons summoned drawn. to serve as petit jurors at any term of the circuit court of said county, by making out a written notice to each person summoned and enclosing the same in a sealed envelope addressed to the person so summoned to serve as such petit juror, at his last known place of residence, which written notice enclosed in said envelope and addressed to the person summoned shall be sent to his last known place of residence by registered mail, at least ten days before the first day of the next term of the court, with a demand in writing Return. Copy of lists. Exemption on said envelope for the return registry receipt. The sheriff shall make proper return to the said circuit court at the opening of the term for which said petit jurors have been summoned specifying who have been summoned as such petit jurors for said term of the court and the manner in which such service was made, attaching to his said return the returned registry receipts demanded and received from the persons so summoned. SEC. 137. It shall be the duty of the county clerk to furnish any person applying therefor, and paying the fees allowed by law for the same, a copy of the lists of jurors drawn to attend any court. SEC. 138. The following persons shall be exempt from serfrom service. vice as jurors, to-wit: All officers and employes of the United States; all officers and employes of the State of Michigan; all county officers and their deputies; all judges of courts of record; all attorneys and counselors; all officers and teachers of colleges and incorporated academies; all settled ministers of the gospel; all superintendents, engineers and conductors of any railroad; all constant ferrymen; all members of any legally organized fire department; all members of the Michigan national guard; all registered pharmacists; all practicing physicians, surgeons and dentists; and all persons more than sixty-five years of age. Excuse from service. Destruction of ballot. Return SEC. 139. The court to which any person shall be returned as a juror, shall excuse such juror from serving at such court, whenever it shall appear: 1. That he is exempt from serving on juries by the provisions of the preceding section; or 2. That he is a justice of the peace, or executes any other civil office, the duties of which are, at the time, inconsistent with his attendance as a juror; or 3. That he is a teacher of any school, actually employed and serving as such; or 4. When for any other reason, the interests of the public, or of the individual juror, will be materially injured by such attendance, or his own health, or that of any member of his family requires his absence from such court. SEC. 140. When any person shall be so excused from serving, on the ground that he is exempt by law from serving on juries, the clerk shall destroy the ballot containing the name of such person; and when any person shall be excused from serving for any other cause, the ballot containing his name shall be returned to the box from which it was drawn. SEC. 141. After the adjournment of any court at which any jurors shall have been returned, as herein provided, the clerk shall enclose the ballots containing the names of those who attended and served as jurors, in an envelope under seal, or deposit the same in a separate box; and the ballots containing names of those who did not appear and serve as jurors, which shall not have been destroyed, shall be returned to the box from which they were taken. insufficient. SEC. 142. If at the time of drawing any jury by the clerk, When ballots as herein provided, there shall not be a sufficient number of ballots remaining in the boxes in which they were originally deposited, after drawing all that may be therein, the clerk shall return to such boxes the ballots containing the names of those who have previously attended and served as jurors during the same year, and shall then draw from such boxes the number of jurors required, in the same manner and with the like effect, as if jurors had not been previously drawn. SEC. 143. Whenever in the opinion of the judge of any cir- Additional cuit court, more than twenty-four petit jurors shall be neces sary to attend any such circuit court, he may, by an order under his hand, direct such additional number of jurors as he shall deem necessary to be drawn. jurors. SEC. 144. Such order shall be served on, and filed with the Order for. clerk of the county in which such court is to be held, at least twenty days previous to the day appointed for the commencement thereof; and the said clerk shall thereupon draw the How drawn. number specified in such order, in addition to the number otherwise required by law, and shall proceed therein in all respects in the same manner herein prescribed. of jurors. SEC. 145. In case the officers whose duty it is under this New lists chapter to make and return lists of petit jurors, fail to meet, make or return said lists at the time and in the manner prescribed by this chapter; or in case said lists shall become exhausted; or in case said lists shall for any reason be declared illegal before the year for which they were made shall have expired, it shall be lawful for the circuit judge of any circuit court in this State to direct said officers to forthwith meet, make and return to the county clerk new lists of jurors for the remainder of the year, from which lists so made and returned jurors shall be drawn for the balance of the year. And whenever, for any cause, grand or petit jurors shall not have Failure been drawn and summoned to attend any circuit court, a sufficient number of qualified jurors shall fail to appear, or if at any time an insufficient number shall be in attendance to meet the needs of the court, such court may, in its discretion, order a sufficient number of grand or petit jurors, or both, to be forthwith drawn and summoned, in such manner as the court shall direct, to attend said court: Provided, That Proviso, in drawing jurors under this section the court may, for the direct whence purpose of obtaining a jury or talesmen near the county seat, direct from which township or supervisor districts or voting precinct such jurors shall be drawn. or of jurors. court may drawn. of juror SEC. 146. Every person summoned pursuant to the provi- Attendance sions of the last preceding section shall attend forthwith, and forthwith.. serve as a juror, unless excused by the court; and for every neglect or refusal so to attend, shall be subject to the same penalty as jurors regularly drawn and summoned. mileage SEC. 147. Each grand and petit juror and each talesman Per diem and shall be entitled to receive three dollars for each day's at of jurors. tendance, and one dollar and fifty cents for each half day, Drawing jurors in certain counties. upon any term of the circuit court, or before any court of record, and ten cents for each mile traveled in going and returning by the nearest traveled route, to be paid out of the county treasury of the county, on the certificate or order of the clerk or judge of such court. SEC. 148. The county clerk, in counties having a population of two hundred thousand or more, shall, under the direction of the circuit judge of any of the circuit courts of said counties, in the manner authorized by law, once in each calendar month, draw a fresh panel of citizens qualified for jury duty, to sit and act as jurors in said court, whose respective terms of jury duty, except to finish partly tried cases, shall not exceed sixty days each, except that during the months of July and August the clerk of any of said courts by direction of the judges may omit the calling of any jurors, and any person who shall serve as a juror in a court of record in such county shall be disqualified for further jury duty for the term of one year, in courts of record in the same county. SEC. 149. The provisions of this chapter, relative to the not to apply. manner of selecting and returning to the county clerk a list of persons to serve as grand and petit jurors, shall not apply to counties having a board of jury commissioners, nor in counties where such list is selected and returned by officers or persons other than provided in this chapter. Provisions Appointment. Term. Jury Commissioners. SEC. 150. In each county of this State, the Governor shall, upon recommendation of the judge, or judges of the circuit in which such county is situated, appoint a board of jury commissioners consisting of three persons, no more than two Qualifications. of whom shall be members of the same political party, and each of whom shall be a resident elector and freeholder in said county, whose term of office shall be for six years; in the first instance, one of said commissioners shall be appointed for a term of two years, one for a term of four years, and one for a term of six years, and every two years thereafter one member of said board shall be appointed for a term of six years; and the Governor shall, on like recommendation, fill all vacancies occurring on said board from any cause. No person holding an office, or employment of profit, in or under any city government, county government, the State of Michigan, or the United States, except that of notary public, shall be eligible to appointment as such commissioner. The official terms of said commissioners shall begin on the first day of February after their appointment. Said commissioners shall, before entering upon their duties, take the constitutional oath of office, and file the same with Compensation. the county clerk. Said commissioners shall receive as compensation for their services the sum of three dollars for each day actually engaged in the performance of duty, and such actual expenses as shall be incurred in traveling to ascertain the qualifications of jurors, and in attendance upon meet Vacancies. Terms begin. Oath. |