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Jurors

SEC. 28. On the return of every list of petit jurors sumto be written moned by the sheriff to attend any circuit court, the clerk of

summoned,

on separate pieces of paper.

Deposited in box.

How jury drawn.

Persons first drawn to be jury.

Names drawn deposited in another box.

When returned

to first box.

When jury drawn from names re

maining in box.

Jury of bystanders, etc.

such circuit court shall cause the names of the several persons so returned, and who shall not be discharged or excused by the court, to be written on several and distinct pieces of paper; and shall roll or fold such pieces of paper, each in the same manner, as near as may be, and so as to resemble each other as much as possible, and so that the name written thereon shall be concealed.

SEC. 29. The said pieces of paper shall be deposited in a sufficient box, from which they shall be drawn as hereinafter provided.

SEC. 30. When an issue shall be brought on for trial, the clerk of the court, under its direction, shall openly draw out of the box in which they were deposited, so many of the bal lots containing the names of the petit jurors returned, one after another, as shall be sufficient to form jury.

SEC. 31. The first twelve persons who shall appear as their names are drawn and called, and shall be approved as impar tial between the parties, shall be sworn, and shall be the jury to try the cause.

SEC. 32. The ballots containing the names of the jurors so sworn, shall then be deposited in another box, and there kept apart from the ballots containing the names of the other jurors until such jury be discharged.

SEC. 33. After such jury shall have been discharged, the ballots containing their names shall be again rolled or folded up in the same manner as herein before directed, and shall be returned to the box from which they were first taken; and the same course shall be pursued, as often as any issue shall be brought on to be tried.

SEC. 34. If any issue shall be brought on to be tried, while there shall be a jury impaneled in another cause in the same court, and not then discharged, the court may order a jury to be drawn in the manner above directed, out of the box containing the ballots then undrawn; but in all other cases the ballots containing all the names of jurors returned, and appearing at such court, and not discharged or excused from serving, shall be placed together in the same box, before any jury shall be drawn therefrom.

SEC. 35. If by reason of there being one or more juries impaneled, or for any other reason, there shall not remain any ballots undrawn, or if in consequence of jurors being set aside, no jury can be obtained from the list of those returned by the sheriff, for the trial of any issue, the court may, as in other cases, order the sheriff, or if he be a party or interested in the cause, some other person to be appointed by the court, to summon jurors from the bystanders, or other persons, who shall be returned and sworn as hereinbefore directed, and shall be a competent jury for the trial of such issue, notwithstanding there may be none of the panel of jurors re

jurors.

turned by the sheriff upon such jury: Provided, That the court Proviso, may, in its discretion, instead of drawing talesmen from the additional bystanders, or others, order that such number of jurors as he may deem necessary be drawn, in accordance with law, from the regular lists of jurors.

drawing.

SEC. 36. Before any jury shall be drawn, the box contain- Ballots to be ing the ballots of the names of the jurors shall be closed, and shaken before shall be well shaken, so as to intermingle such ballots; and the clerk shall draw such ballots without seeing the names How drawn. written on them, through a hole in the top or lid of such box, so large only as conveniently to admit his hand.

excuse, etc.,

drawn.

SEC. 37. If any juror be absent at the time his name is Absence, drawn, or be set aside, or excused from serving on the trial of juror of any issue, the ballot containing his name shall be rolled up or folded again, in the same manner as before, and returned to the box containing the undrawn ballots, so soon as the jury shall be sworn to try such cause.

judge is trying

SEC. 38. In any judicial circuit in this State wherein more where more than one judge is trying jury cases at the same time, it shall than one be lawful to impanel a jury in one room from jurors drawn cases. in the usual manner by a judge in charge of a case in another room where a jury may at the same time be in the process of being impaneled, and the different courts are authorized to make appropriate rules to properly guide and govern this practice.

number

SEC. 39. In all cases where an issue of facts is tried before Findings upon any court of record, the court shall at the request in writing, questions. particular the counsel of either party, instruct the jury if they return a general verdict, also to find upon particular questions of facts, respecting which the issue is joined, to be stated in writing, and shall direct a written finding thereon: Provided, Proviso, Such special questions shall not exceed five in number, and and kind of shall be each in single, short sentences, readily answered by questions. yes or no. The special verdict, or finding, shall be filed with the clerk, and entered upon the minutes, and when any spe- Special cial finding of fact shall be inconsistent with a general ver- finding dict, the former shall control the latter, and the court give judgment accordingly.

to control.

SEC. 40. In all civil cases each party may challenge Challenges. peremptorily four jurors; but in all cases of challenges for cause, such cause shall be immediately assigned, and the truth thereof shall be determined by the court.

SEC. 41.

questioned

No juror shall be questioned for any verdict No juror rendered by him, nor shall he be subject to any action, civil for verdict, or criminal, on account of such verdict, except to indictment etc. for corrupt conduct in rendering such verdict, in the cases prescribed by law.

juror within one year.

SEC. 42. It shall be a good cause of challenge to any juror, Service as in any court of record in this State, in addition to the other causes of challenge allowed by law, that such person has served as a juror upon the regular panel, or as talesman in such court at any time within one year previous to such challenge.

Struck juries.

Notice of striking jury.

How struck.

Sheriff to summon persons named.

Jury, how formed.

When clerk interested

in cause, etc.

Special Juries.

SEC. 43. When it shall appear to the circuit court that a fair and impartial trial will be more likely to be obtained in any cause pending therein, by having a struck jury, such court shall order a special jury to be struck for the trial of such cause.

SEC. 44. The party obtaining such order, shall give notice eight days previously, of the time when he will attend before the clerk of the county in which the venue in such action is laid, for the purpose of having such jury struck.

SEC. 45. At the time appointed the clerk of the county shall attend at his office, with the original lists of grand and petit jurors returned to him who are then liable to serve, and in the presence of the parties or their counsel, shall proceed to strike a jury as follows:

1. The clerk shall select from such list the names of fortyeight persons, whom he shall deem most indifferent between the parties, and best qualified to try the cause;

The party on whose application such struck jury was ordered, or his attorney shall then first strike out one of said names, and the opposite party or his agent or attorney, shall strike out another of such names, and so alternately until each party shall have stricken out twelve names:

3. If either party shall fail to attend at the time and place of striking such persons, or shall neglect to strike out any names according to the foregoing provisions, the clerk shall strike out such names for such party;

4. The clerk shall thereupon make out a list of the names of the twenty-four persons not stricken out, and certify the same to be the persons drawn to serve as jurors, pursuant to the order of the court, and shall deliver such list, so certified, to the sheriff of the county.

SEC. 46. The sheriff shall summon the persons whose names are contained on the list so delivered to him by the clerk, in the same manner as other jurors are required to be summoned, and shall return the names of those summoned to the court, at which they are required to appear as jurors.

SEC. 47. A jury shall be formed in the manner directed by law in respect to other juries, from the persons so summoned and appearing, who shall try the cause in which such struck jury shall have been ordered; but the court shall have the same power to excuse or discharge any such juror, as in other cases.

SEC. 48. If it shall appear to the court to which any application for a struck jury shall be made, that the clerk of the county is interested in the cause, or related to either of the parties, or not indifferent between them, such court shall appoint two proper persons to strike such jury; and the persons so appointed shall have the same powers herein conferred upon the clerk, in relation to the striking, certifying and delivering to the sheriff the names of the persons struck as jurors,

and the sheriff shall in like manner summon the persons so selected.

SEC. 49. The expense of striking a jury shall be paid by the Expense. party applying for the same, and shall not be taxed in the costs of the suit, and the struck jurors shall be paid as in other cases.

General Provisions Relating to Jury Trials.

premises, etc.

SEC. 50. When any court of record in which an issue of View of fact is tried by a jury, shall deem it necessary that the jury view the place or premises in question, or any property or thing relating to the issue between the parties, such court may, on the application of either party, and the advancement of a sufficient sum to pay the expenses of the jury and offi- Expenses. cers attending them, in taking such view, order such view to be had, and direct the manner of effecting the same.

SEC. 51. The expenses advanced by any party pursuant to Expenses the provisions of the preceding section, shall be taxed like taxed as costs. other disbursements in the suit. if the party advancing them

shall prevail therein, and be entitled to costs.

of term.

of jury.

SEC. 52. Whenever at the close of any term of any circuit Trial at close court of this State, the trial of a cause shall be in progress, such trial shall continue until the same is determined, and the trial shall not be construed as prolonging said term, nor to prevent the commencement of the succeeding term. SEC. 53. When any jury shall be empaneled to try any Disagreement issue, to make any inquiry, or to assess any damages, if they cannot agree after being kept together for such time as shall be deemed reasonable by the court or officer before whom they shall have appeared and been empaneled, such court or officer may discharge them, and issue a precept for a new jury, or order another jury to be drawn, as the case may require; and the same proceedings shall be had before such new jury as might have been had before the jury so discharged.

of juror.

SEC. 54. If any person drawn or summoned as a juror, Bribery shall take anything to give his verdict, or shall receive any gift or gratuity whatever, from any party to a suit, for the trial of which such person shall be drawn or summoned, in addition to any criminal punishment to which he may be Penalty and subject by law, he shall be liable to the party aggrieved liability. thereby in ten times the amount or value of the thing which he has taken or received, in addition to the actual damages sustained thereby.

SEC. 55. Every embracer who shall procure a person drawn Embracery. or summoned as a juror, to take gain or profit contrary to the provisions of the preceding section, shall be liable in ten Liability. times the amount or value of the thing so taken, in addition to the actual damages sustained thereby.

evidence, etc.

SBC. 56. Upon the trial of any case in any of the circuit Demurrer to courts in this State the defendant, upon the conclusion of the plaintiff's testimony, may request the court to direct the jury

Exception and defense.

Instructions to jury.

How given.

Requests for instructions.

Deemed refused.

Exception to follow objection.

Unnecessary to except to charge, etc.

Bill of exceptions, how made.

Time to settle.

Proviso, transcript of testimony.

Extension of time.

to bring in a verdict for the defendant, or make demurrer to the evidence, without resting his case absolutely.

SEC. 57. Upon the refusal of the court to grant such motion, the defendant shall have the benefit of an exception, as in ordinary cases, and without waiving such exception may then introduce testimony and make his defense upon the merits.

SEC. 58. Hereafter in all jury trials in courts of record. in charging or instructing juries, the court shall instruct them only as to the law of the case; and such instructions may be given by the court of its own motion, and shall be taken in full by the court stenographer, or in case there be no stenographer, shall be in writing and filed in the case.

SEC. 59. After the evidence is concluded, and before the case is argued or submitted to the jury, either party may present written requests for instructions on any point of law arising in the cause, and upon such written requests so presented, an argument may be made by counsel for the respective parties previous to the court passing thereon. Any request not substantially covered by the charge as given. shall be deemed to be refused.

Formal Exceptions not Necessary.

SEC. 60. It shall not be necessary in the trial of any action or proceeding in any court of record, to except to any ruling or action of the court, if an objection thereto was duly made, but an exception shall be deemed to follow as a matter of course, and it shall not be necessary to except in any case to the charge of the court to the jury, or to the refusal of the court to charge as requested; but any party considering himself aggrieved by any such ruling, action, charge or refusal to charge, may assign errors the same as if exception had been made according to the practice heretofore in use.

Of Bills of Exceptions.

SEC. 61. Either party desiring a review of the questions of law appearing upon the trial, may, within such time as shall be prescribed by statute or the rules of court, make a bill of exceptions, in the same manner and with the same effect as upon a trial by jury, or a case containing so much of the evidence as may be material to the question to be raised.

SEC. 62. The court or the circuit judge at chambers may allow such time as shall be deemed reasonable to settle such exceptions and reduce the same to form: Provided, That no more than twenty days shall be allowed for such purpose, except upon the production of a certificate from the stenog. rapher of said circuit stating that the party desiring such extension has ordered a transcript of the testimony necessary for the preparation of said bill of exceptions, and that the same will be furnished as soon as possible by said stenographer. If a motion for a new trial is made within said

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