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This report shall be delivered to the clerk of the Circuit or Criminal Court, according to the court for which said panel has been drawn, and by him filed in his office, and the date of such filing indorsed thereon. Thereafter, and at least five days before the next regular or special term of such court, the clerk of the court shall issue to the sheriff a writ of venire facias, commanding him to summon the persons whose names are set out in said report as the jurors for said term of court, and it shall be the duty of the sheriff to serve same as now provided. At such regular or special term of the court the judge thereof shall first compare the list contained in the report filed with the clerk with the names on the slips or scrolls delivered in open court by the chairman of the board, and, if they correspond, they shall constitute the panel of grand and petit jurors for that term of the court, and said report shall be spread upon the minutes of the court. From this panel the grand and petit jurors shall be made up as now provided by law, examining each proposed juror to ascertain whether he is qualified. In the event that, by reason of the disqualification of proposed jurors, or other cause, the required number of jurors cannot be obtained from said panel, the clerk of the Circuit Court shall produce in open court the jury box, and said box shall be opened and there shall be drawn therefrom, in the manner provided for the original drawing, except that it shall be done in open court, instead of in the presence of the board, the number of names deemed by the judge sufficient to complete the juries. This process shall, if necessary, be con
. tinued until the grand and petit juries are completed.
Provided, it shall be the duty of the judge of each Circuit and Criminal Court to make a rule or order of court, entered on the minutes, designating how many juries shall be in attendance on each term of his court, and the number of additional or extra jurors who shall be in attendance to supply the places of such jurors as shall be disqualified in particular cases, and further directing how many names shall be drawn by the board for each term, including such number as he deems necessary to insure the prompt impaneling of the juries.
Sec. 6. Be it further enacted, That a list shall be kept by
the clerk of the court of all persons whose names are drawn from the jury box, but who, for any reason other than that they are not qualified, do not serve as regular jurors; and, when the juries are made up, an entry shall be spread upon the minutes showing a list of such persons, and their names shall, in open court, be put back in the jury box, the court ordering the box to be opened for that purpose. A list of those constituting the regular grand and petit jurors shall also be spread on the minutes; and it shall be the duty of the clerk of the Circuit Court to enter in the space following the name of every such juror on the jury list the words “Regular Jury," and also the date of such service on the jury. In counties where the Criminal and Circuit courts are separate the clerk of the Criminal Court shall, during each term of his court, furnish a list of the regular jurors serving to the clerk of the Circuit Court, and from this list the latter shall make the entries on the jury list required by this section.
Sec. 7. Be it further enacted, That whenever the judge is satisfied that, in any case, a jury cannot be obtained from the regular panel, he may, but not earlier than three dars before the case is assigned for hearing, cause the jury box to be brought into open court, and such number of names as he deems sufficient to obtain such jury to be drawn therefrom, and the sheriff shall forth with summon the persons whose names are so drawn. From the panel so drawn and summoned, and the regular panel, the panel shall be made up, if practicable. If not another panel shall likewise be drawn and summoned, and so on until the jury is completed or the jury box exhausted. If the jury box is exhausted before the jury is completed, the sheriff shall summon such other men until the jury is complete. The names drawn from the jury box under this section shall be carefully preserved and returned to the jury box, whether such per. son serve on the jury or not, in the same manner as hereinbefore provided with respect to names of those drawn, but not serving, as regular jurors. It shall not be cause for challenge of a person drawn or summoned under this section that he has served on a regular jury within two years. Nor shall service on a jury under this section disqualify or excuse him from service on the regular juries if his name is regularly drawn from the box thereafter. The clerk of the court shall keep a list of all persons serving on juries as provided in this section, and at the close of each term shall furnish the same to the clerk of the board, who shall enter opposite each such name, the words, "Served on Special Jury,” together with the date of such service.
Sec. 9. Be it further enacted, That the court shall not have the right to excuse any person summoned as a juror who is qualified for service, except it be made to appear by affidavit in writing, which shall be preserved as a record of court, and in which it shall appear to the satisfaction of the court, that the state of his own health, or that of his family, requires his absence, or that some pressing and urgent business engagement, the neglect of which will cause irreparable loss, or the public service will be materially injured by his attendance, and such details shall be given as will clearly show the reasons therefor to the satisfaction of the court.
Provided, No juror shall be required to serve for more than two weeks consecutively, unless at the end of that time the jury shall be engaged in the trial or have under consideration a case the trial of which was begun during the two weeks. If, by reason of the excusing of jurors under this section, it becomes necessary to have additional jurors during the term, they shall be drawn and summoned, the drawing to be done in open court, as provided in section 5 of this act.
Sec. 10. Be it further enacted, That before the clerk deliver's to the sheriff or his deputies the writ for the regular panel, or any writ for names of jurors otherwise drawn, he shall administer an oath to said sheriff or deputies to keep said names secret, and instruct them to caution such jurors as summoned, not to divulge the fact that they have been summoned as jurors.
Sec. 11. Be it further enacted, That the jury list herein provided for shall be prepared as soon as practicable after the passage of this act. On the first loj ly in June, 1901, or as soon thereafter as practicable, and biennially thereafter, the board shall make out a new jury list, and place the names in the jury
box, the names then remaining in the jury box being first removed. Provided, that if, within two years, the number of names remaining in the jury box shall have been reduced until they are less than one-third of the number of names on the jury list, then the judge of the Circuit or Criminal Court shall, by an order, made either at chambers or in open court, require the board to renew the list and box as though the two years had expired.
Sec. 12. Be it further enacted, That when a new jury list is to be made, the board shall, if practicable, not put thereon the names of those on the list for the preceding two years, who have actually served during that time as regular jurors.
Sec. 13. Be it further enacted, That if for any reason the court should at any time discover that the jury box has not been filled or renewed, or that the jury list had not been prepared or renewed as required by law, or the panel drawn or additional names drawn therefrom, as required by law, or the jury box has been tampered with, the circuit or criminal judge may have the right to investigate said jury box and also the jury lists, and see that this act is duly enforced, and should it be discovered that any irregularities or fraud exist, correct same. If for any reason a legal panel is not furnished a Circuit or Criminal Court at any regular or special term, as provided by this act, then the judge of said court shall have the right to select a panel and such additional jurors as may be needed by his court during said term of court.
Sec. 14. Be it further enacted, That it shall be a misdemean. or for any jury commissioner, the clerk of the court, his deputies, or the Sheriff or any of his deputies, to divulge any of the secrets of said jury commissioners, or to notify any one what name or names constitute the panel, or any part of it, for the court, or any name or names drawn from the jury box for service in any case pending in court, or to fail to perform any duty imposed by this act, and upon conviction thereof they shall pay a fine of not less than forty dollars and be imprisoned in the county jail not less than thirty days, one or both, in the discretion of the court trying the case, and shall be removed from office and be ineligible to hold any State or county office for a period of five years.
It shall also be a contempt of court, punishable by the Cir cuit Court, upon its own motion, or upon the petition of the District Attorney, for any jury commissioner, Circuit Court clerk or other person, to open any jury box, except as herein provided, or to destroy, deface or remove, without authority, such box, or to charge, deface or remove without authority any jury list, or to assist in or connive at any such acts, or for any custodian of a jury box or list to knowingly permit any such acts to be done.
Sec. 15. Be it further enacted, that the judge or judges having the right to appoint jury commissioners have the right and authority to remove any or all of said jury commissioners for incompetency, failure to perform their duties as required by law, or corruption in office, upon giving five days' notice to said commissioner or commissioners of the time and place of taking action thereon and the grounds therefor, and giving him or them an opportunity to be heard in opposition thereto, if desired.
Sec. 16. Be it further enacted, That said jury commissioners shall receive two dollars each for every day's service while engaged in making up the jury lists, to be paid from the county treasury. Provided, that the total amount paid to commissioners for making out any jury list shall not exceed six dollars for every two hundred names thereon.
Sec. 17. Be it further enacted, That the book for recording the jury list, and also the jury box, shall be purchased by the Circuit Court Clerk and paid for by the county, and the Circuit Court Clerk shall be the custodian of said book and box.
Sec. 18. Be it further enacted, That, in the absence of fraud, no irregularity with respect to the provisions of this act shall affect the validity of any action of a grand jury if this act has been substantially complied with, or the validity of any verdict rendered by a trial jury unless such irregularity has been specially pointed out and exception taken thereto before the jury is sworn.