Induanity Birds 2 shall collect it in specie, or in the notes of said bank, as in other cases of execution. SEC. 22. That nothing in this act contained shall be so constructed as to apply to judgments rendered by justices of the peace on executions issued by them, except sections seventeen and nineteen. SEC. 23. That a party out of term intending to move to set aside or quash any execution, replevin bond, or other proceedings, may apply to the judge, at his chamber, for a certificate, (and which the said judge may in Judge may his discretion grant,) certifying that there is probable grant order to stay execution. cause for staying further proceedings until the order of the court on the motion; and a service of a copy of the certificate at the time of, or after the service of the notice of the motion, shall thenceforth stay all further proceedings accordingly. pealed. SEC. 24. That the act entitled "An act concerning Certain acts re-judgments and executions," approved, February 17, 1823; and the acts and parts of acts thereby repealed, be, and the same are hereby declared to be repealed. This act to take effect from and after the first day of May next. APPROVED, January 17, 1825. JURORS. AN ACT prescribing the mode of summoning Grand and SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all free white male taxable inhabitants in any of the counties in this state, being natural born citizens of the United States, or naturalized according to the constitution and laws of the United States, and of this state, between the ages of twenty-one and sixty years, not being judges of the supreme or circuit court, county commissioners, judges of probate, clerks of the circuit or county commissioners' court, sheriffs, coroners, postmasters, licensed attorneys, overseers of the highway, or occupiers of mills, ferries, toll-bridges, or turnpike roads, being of sound mind and discretion, and not subject to any bodily infirmity, amounting to a disability, shall be considered and deemed as competent persons, (except in cases where legal disabilities may be imposed for the commission of some criminal offence,) to serve on all grand and petit juries, in and for the bodies of their counties respectively. SEC. 2. It shall be the duty of the county commissioners' court in each of the counties in this state, wherein a circuit court is directed to be holden, at least twenty days Commissioners before the sitting of such court, to select twenty-three shall select grand jurors. persons, possessing the qualifications aforesaid, and as nearly as may be, a proportionate number from each township in their respective counties, and to cause their clerk, within five days thereafter, to issue and deliver to the sheriff, or if there be no sheriff, or he be disqualified, then to the coroner of the county wherein the court is to be held, a summons, commanding him to summon the persons so selected as aforesaid, to appear before the said circuit court, at or before the hour of eleven o'clock A. M. on 16 shall make the first day of the term thereof, to serve as grand jurors, a grand jury. any sixteen of whom shall be sufficient to constitute a grand jury; which said summons shall be served at least five days before the sitting of the court, either by reading it to the person to be summoned, or by leaving an attested copy thereof at his last usual place of abode. SEC. 3. After the grand jury is empannelled, it shall be the duty of the court to appoint a foreman, who shall Foreman may have power to swear or affirm witnesses to testify before swear witnesses them and whose duty it shall be, when the grand jury, or any twelve of them, find a bill of indictment, to be supported by good and sufficient evidence, to endorse thereon "a true bill;" and when they do not find a bill to be supported by sufficient evidence, to endorse thereon "not a true bill;" and shall in either case, sign his name as foreman, at the foot of said endorsement; and shall also in each case in which a true bill shall be returned into court as aforesaid, note thereon the name or names of the witness or witnesses, upon whose evidence the same shall have been found. SEC. 4. Before the grand jury shall enter upon the discharge of their duties, the following oath shall be ad- Oath of the ministered to the foreman, to wit: "You, as foreman of foreman, this inquest, do solemnly swear, (or affirm, as the case may be,) that you will diligently inquire into, and true presentment make of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge, touching the present service; you shall present no person through malice, hatred, or ill will, nor shall you leave any unpresented through fear, favor, or affection, or for any fee or reward, or for any hope or promise thereof; but in all your presentments you shall present the truth, the whole truth, and nothing but the truth, What evidence sentments. according to the best of your skill and understanding, so help you God." And the following oath or affirmation shall be administered to the other jurors, to wit: "The same oath that A. B., your foreman, has just taken before you on his part, you and each of you shall well and truly keep and observe on your respective parts, so help you GOD." SEC. 5. No grand jury shall make presentments of their shall make pre-own knowledge, upon the information of a less number than two of their own body, unless the juror giving the information is previously sworn as a witness, in which case, if the evidence shall be deemed sufficient, an indictment may be found thereon, in like manner as upon the evidence of any other witness, who may not be of the jury. SEC. 6. It shall also be the duty of the county commisPetit jury selec- sioners' court in each of the counties in this state whereted by county in a circuit court is directed to be held as aforesaid, at least twenty days before the sitting of such court as aforesaid, to select twenty-four persons possessing the qualifications aforesaid, who shall compose and constitute two full petit juries, to serve as such at the next succeeding term of the circuit court, in each county respectively, to be summoned in like manner as is herein before directed in the case of grand juries. commissioners' court. 187/2-3/5-159 returned. repeated SEC. 7. It shall be the duty of the clerk of the circuit court, at the commencement of each term, to write the name of each petit juror on a separate ticket, and put the whole into a box or other place for safe keeping; and as often as it shall be necessary to empannel a jury, the clerk, sheriff, or coroner shall, in the presence of the court, draw by chance, twelve names out of such box or other place, which shall designate the twelve to be sworn on the jury, and in the same manner for the second jury, in their turn, as the court may, from time to time, order and direct. SEC. 8. In all cases where any sheriff or other officer Summons, how shall be commanded to execute any summons, as aforeexecuted and said, he shall be required to make timely return thereof to the clerk, who may have issued the same, with an endorsement thereon, certifying on whom it has been executed, and the time when; and in default of so doing, 1835 p. 144 such sheriff or other officer shall be considered as guilty of a contempt, and may be fined for the use of the proper county, in any sum not less than ten, nor more than fifty dollars, unless such sheriff or other officer shall seasonably make his excuse, to the satisfaction and acceptance of the court. Tales men. SEC. 9. If a sufficient number of grand or petit jurors, when selected and summoned as aforesaid, shall not ap-. pear, or if by reason of challenges, or any other cause, non attendance as a juror, SEC. 10. Every person who shall fail to attend, when Punishment for lawfully summoned to appear as a grand or petit juror, as aforesaid, without having a reasonable excuse, shall be considered as guilty of a contempt, and shall be fined by the courts, respectively, in any sum not less than five, nor more than twenty dollars, for the use of the proper county; unless good cause be shewn for such default at, or before the next term of such court; and it shall be the duty of the clerk to issue a summons against all such Proceedings delinquents (where such persons shall not come in with- against delinout process) to shew cause at the next succeeding term quent jurors. of such court, why he or they should not be fined for such contempt; at which or any subsequent term, the court shall proceed to assess said fine, unless the person or persons so summoned and failing to attend, as aforesaid, shall appear and shew good cause for such delinquency: Provided, that the oath or affirmation of any such delinquent shall at all times be received as competent evidence in his favor. SEC. 11. In case of the death, sickness, or non-attendance of any grand or petit juror, after he shall have been sworn upon the jury, or where any such juror, as aforesaid, after being sworn, as aforesaid, shall, for any reasonable cause, be dismissed, or discharged, it shall be lawful for the court to cause others, if necessary, to be summoned and sworn in his or their stead. SEC. 12. Each petit juror shall receive twenty-five Compensation cents for each case which he may be sworn to try, to be of petit jurors. advanced by the plaintiff, and taxed in the bill of costs agr against the defendant, if he be cast in the suit, except in 1/642-2.125 le .. 159 Jurors privileged from ar rest. Rotation in service. criminal cases, where no allowance or charge shall be made, either to jurors or witnesses. SEC. 13. All grand and petit jurors shall be privileged from arrest in all cases, except for treason, felony, breach of the peace, or other criminal offence, during their at tendance at court, going to and returning from the same; allowing one day for every twenty miles from and to their several places of abode; and all arrests, in such cases, shall be deemed as illegal and void. SEC. 14. It shall be the duty of the county commissioners' court to arrange and select the grand and petit jurors, as aforesaid, so that no one person shall serve on the jury a second time, before all fit persons of the county shall have respectively served in rotation, according to the best information that can be obtained. SEC. 15. That the act entitled "An act prescribing the mode of summoning grand jurors," approved March 23d, 1819, the act entitled "An act concerning petit Acts repealed. jurors," approved March 25th, 1819; the act entitled "An act to amend an act entitled an act prescribing the mode of summoning grand jurors," approved February 9th, 1821; the act entitled "An act amending an act entitled an act prescribing the mode of summoning grand jurors," approved February 18th, 1823, and all other acts and parts of acts coming within the purview of, or repugnant to this act, be, and the same are hereby repealed. This act to take effect from and after the first day of June next. APPROVED, Feb. 7, 1827. JUSTICES OF THE PEACE AND CONSTABLES. In force Dec. AN ACT to provide for the election of Justices of the Peace 30, 1826. and Constables. SEC. 1, Be it enacted by the people of the state of Illinois, Act repealed. represented in the General Assembly, That from and after districts. the first day of October next, the act entitled "An act regulating the manner of appointing justices of the peace,” approved February 19, 1819, shall be and the same is hereby repealed. Counties to be SEC. 2. It shall be the duty of the courts of county divided into commissioners of each county in this state, at their next June term, to divide their respective counties into a conRepeated venient number of districts, not less than two nor more see 1835 p. 29 |