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with the Circuit Judge, who will probably be guided by the wishes of the bar in each county in this regard. The question of compensation and mode of payment is of difficult solution; and although the act submitted provides for this in a mode which the committee deems advisable, a discussion by the association may result in evolving an entirely different and improved method. The committee for this reason does not enter into a discussion of it, in its report. Respectfully,
C. W. METCALF, Chairman.
BILLS SUBMITTED BY COMMITTEE ON JUDICIAL AEMIN
ISTRATION AND REMEDIAL PROCEDURE,
Bills submitted by Committee on Judicial Administration and Remedial Procedure:
AN ACT, To Create a Board of Jury Commissioners for Each
County in This State; To I'rescribe the Duties of the
Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there shall be a Board of Jury Commissioners for each county in this State, to be appointed by the Circuit Judge who holds court in said county, and in case there is more than one Circuit Judge or a judge holding the Criminal Court or a chancellor or other judge whose duty it shall be to hold the Circuit Court or Criminal Court, then by such judges holding Circuit or Criminal Courts, and if more than one such judge, by all, jointly. Said board shall consist of three discreet persons who are householders and freeholders of the county and who are not practicing attorneys-at-law, or State or county officers, and not more than two of whom shall belong to the same political party. On the first appointment one shall be appointed to serve for one year, one for two years, and one for three years, and their successors shall be appointed for a period of three years, and all vacancies occurring in said board, either from death, resignation or otherwise, shall be filled in the same manner as the orignal appointments are made.
In the event that at any time when, by the provisions of this Act, it shall be the duty of said board to discharge any of the duties hereinafter imposed, it shall appear by the affidavit of any member thereof or by the certificate of a reputable physi. cian that such member is by sickness or physical disability or for soine other good and sufficient reason unable to attend and discharge such duty or duties, then said affidavit or certificate shall be filed in the office of the Circuit Court Clerk, and the two remaining members shall constitute the board and discharge such duties.
Sec. 2. Be it further enacted, That the Jury Commissioners, before entering on the discharge of their duties, shall take and subscribe before an officer authorized to administer oaths, the following oath, viz.: “I, A. B., do solemnly swear (or affirm) that I will faithfully and impartially discharge the duty of Jury Commissioner for the county of (filling in name) to the best of my knowledge and ability; that I will not place the name of any person on said jury list or in the jury-box whom I know to be corrupt or unfit, or who has to my knowledge solicited, or had others to solicit, that his name be placed on the jury list or in the jury box; that I will keep secret and inviolate the deliberations and counsel of the Jury Commissioners while in the discharge of their duties unless called upon to gire evidence thereof in some court of justice or other legal tribunal of this State. So help me God.”
Said oath shall be spread upon the minutes of the Circuit Court and the original preserved as a part of the records of said Commissioners.
Sec. 3. Be it further enacted, That immediately after their appointment and qualification said Jury Commissioners shall meet and organize by the election of one of their members as chairman. The Clerk of the Circuit Court shall be the Clerk of the Board of Jury Commissioners, and shall perform all the clerical duties required by law. Before entering upon the performance of his duties as clerk of said board he shall take and subscribe to an oath to faithfully discharge his duties as required by law, and that he will never divulge any of the proceedings and deliberations of the Jury Commissioners un less compelled to testify thereof in some court in this State.
Sec. 4. Be it further enacted, That it shall be the duty of said Jury Commissioners to select from the tax books of the county and other sources, names of upright and intelligent men known for their integrity, fair character and sound judy. ment, from each and every district in the county and in proportion to the population in such districts, as near as may be, and possessing the qualifications now prescribed by law, ex cept that service on a regular panel within two years shall not disqualify a person, a list of names numbering not less than one-fifth the number of vctes cast in the county for Presidential electors at the Presidential election next preceding the making of said list. Said list shall constitute the jury list for two years from the making thereof, and shall not, during said years, be added to or taken from except as hereinafter provided. The Circuit Court Clerk, as clerk of the board, shall purchase for the board a suitable and well bound book in which to record said list.
At the top of each page of said book shall be written or printed the words Jury List for
County” (filling in the name of the county). Said book shall be so ruled as to leave a space at the left-hand side of each page for the names and at the right-hand side for such entries as are hereinafter provided for. Preceding the list of names in said book shall be written these words: “Jury list selected by the Board of Jury Commissioners for
county, the — day of (tilling in the name of the county and date). Immediately following this shall be recorded the list of jurors selected, placing one name on each line, arranging the names in alphabetical order and accoruing to civil districts, and numbering them consecutively, beginning with Number 1. After each name, shall be placed in parenthesis, the initials of the Commissioner proposing such name.
At the end of the list shall be written and signed by the Commissioners, the following: “We certify that the foregoing is the jury list selected by us the day of
(filling in the date!
The Commissioners shall also report the list to the next term of the Circuit Court as follows: "To the Honorable Circuit Court of
County (filling in the name of the county): We, the Jury Commissioners for said county respectfully submit the following as the jury list selected by us for the next two years, viz: (Here shall follow a complete copy of the list list.) This report shall be signed by the Commissioners and shall be spread on the minutes of the Circuit Court at the term to which it is made. Each of the names on said list shall be written on a slip or scroll of paper and placed in a wooden or tin box, to be known as the jury box, and so labeled. Said box shall be kept securely locked and under seal, and it shall not be unlocked or the seal broken except by the order of, and in the presence of the board, and then only for the purpose of drawing therefrom names of jurors or making a new list as herein provided, or in open court, by order of the Circuit or Criminal Court, for good and sufficient cause.
It shall be the duty of the Clerk of the Circuit Court to re. cord said jury list in said book, to prepare said report to the Court, and to write the names and numbers on said slips or scrolls. For these services and for spreading said report on the minutes, he shall be entitled to a fee of 1 cent for each name on said list, to be paid by the county on the certificate of the Circuit Judge or other Judge as provided in Section 1 of this Act, that the services have been rendered. Provided, however, that the same shall be reported and counted as a part of the fees and emoluments of his office of Circuit Court Clerk as he is required to report other fees under existing laws.
Sec. 5. Be it further enacted, That not less than ten days nor more than fifteen days before each regular or special term of the Circuit or Criminal Court, said board shall unlock the jury
box and break the seal thereof, and, after having well shaken the same, cause to be drawn therefrom, in the presence of the board, by a child under 10 years of age, a number of names equal to the number of jurors, who, under existing laws, are selected by the County Court, and the Judge of the Circuit or Criminal Court, or the number designated by order of the Court as hereinafter provided, to constitute the regular panel of grand and petit jurors for such term of court. In the event a name or names of a person or persons, known to the Commissioners to have died or removed from the county, shall be drawn, such name or names shall be put aside and another name or names drawn in its or their stead. When in this way the required number of names have been drawn, the slips or scrolls on which they are written shall be placed in a sealed envelope and safely kept by the chairman of the board, and by him delivered in open court to the Judge of the court on the first day of the term. In the same manner all names which may have been drawn and put aside, as above provided, shall be kept and delivered in open court. A report shall also be prepared by the clerk of the board substantially as follows: “To the Honorable
County (filling in the name of the court, whether Circuit or Criminal, and also the name of the county): We, the Jury Commissioners for said county, respectfully report the following as the regular panel of grand and petit jurors, which have been drawn according to law, for the
term of said Court, viz: (filling in the blank before the word "term" and then copying the names drawn from the jury box).”
If any names have been drawn and put aside, as above provided, there shall be added to the report, substantially, the following: "In addtiion to the above there were drawn from the jury box the following names of persons, known to the board to have died or removed from the county, viz: (Here copying such names.)" If, as hereinbefore provided, any member of the board cannot be present at said drawing, this fact shall be stated in the report, which shall be signed by the members actually present at the drawing.