CHAPTER XXIV. JURORS. STATUTORY PROVISIONS. A PERSON shall not be competent to act as juror unless he be: 1. A citizen of the United States. 2. An elector of the county in which he is returned. 3. Over twenty-one and under sixty years of age; and, 4. In the possession of his natural faculties. 5. Nor shall any person be competent to act as juror who has been convicted of a felony or misdemeanor involving moral turpitude.' Every white male citizen of the United States, and every white male citizen of Mexico who shall have elected to become a citizen of the United States under the treaty of peace exchanged and ratified at Queretaro, on the thirtieth day of May, one thousand eight hundred and forty-eight, of the age of twenty-one years, who shall have been a resident of the state six months next preceding the election, and the county or district in which he claims his vote, thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law.' For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence, while employed in the service of the United States, nor while engaged in the navigation of the waters of this state or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, nor while confined in any public prison.' No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector.' Absence from the state on business of the state, or of the 1 Wood's Dig. art. 2699. 2 id. 2120-2124. United States, shall not affect the question of residence of any person.' A crime shall be deemed infamous which is punishable by death or by imprisonment in the state prison.' A person shall be exempt from liability to act as a juror, if he be: 1. A judicial officer. 2. Any other civil officer of this state, or of the United States, whose duties are at the time inconsistent with his attendance as a juror. 3. An attorney or counselor. 4. A minister of the gospel or a priest of any denomination. 5. A teacher in a college, academy or school. 6. A practising physician. 7. An officer, keeper, or attendant of an almshouse, hospital, asylum, or other charitable institution, created by or under the laws of this state. 8. Any person engaged in the performance of duty, as officer, keeper or attendant of any county jail, or of the state prison. 9. A captain, master or other officer, or any person employed on board of a steamer, vessel, or boat, navigating the waters of this state, and keepers of public ferries.' Any person may be excused from acting as a juror, when for any reason, his interests, or those of the public, will be materially injured by his attendance, or when his own health or the death or sickness of a member of his family requires his absence." The officers and members of any fire company, regularly attached to the fire department of any city, town or village within the state, organized according to ordinance of such city, town or village, shall be exempt from militia service and jury duty, except as hereinafter provided.' The officers and members of any company in said fire department, shall be exempt from military duty, except in cases of war, invasion, or insurrection.' It shall be the duty of each person claiming exemption from military or jury duty under the provisions of this act, to produce, if required by the officer serving a jury or militia notice, a certificate of his active membership to the fire department or company to which he is attached, signed by the chief engineer, secretary of the board of delegates of the fire department, fore 1 Wood's Dig. art. 2120-2124. 2 id. art. 2700, 2701. id. 2517, 2518. man of the company, or chief magistrate of the city, town or village.' The officer serving the jury summons or militia notice, may require the oath of the party summoned or notified, before any magistrate, that he has not resigned, been expelled, or forfeited his membership of the company or department, since the date of his certificate.' When fire companies are formed in unincorporated and unorganized towns and villages, the members thereof shall be entitled to all the rights and privileges of "An Act to exempt Firemen from Militia Service and Jury Duty," passed March twentyfifth, one thousand eight hundred and fifty-three.2 All active members of uniformed volunteer companies of this state, mustered into service of the state, under the provisions of the laws thereof, shall be exempt from jury duty.' The grand jury is composed of sixteen members. A grand jury may be ordered by the presiding judge of the Court of Sessions, before the commencement of the term, when it shall appear to him necessary, or when petitioned to that effect by twenty or more electors of the county. The jury so ordered is drawn by the county clerk, in presence of the county judge and the sheriff, out of thirty names, copied by them from the assessment-roll, a week's notice of the drawing having been given by the sheriff." If, after the term of the court be commenced, it shall appear proper to the presiding judge that a grand jury should be summoned, he shall cause an order for the same to be entered upon the minutes, a copy of which is delivered to the sheriff, who proceeds immediately to summon sixteen persons from the body of the county list-not from the bystanders." When an assessment-roll has not been returned, so that a jury cannot be drawn, the court, on the first day of the term, may enter an order directing the sheriff to summon sixteen persons, from whom the jury shall be empanelled." If an offence be committed during the sitting of the court, 1 Wood's Dig. art. 2517, 2518. 2 id. 2523. 3 id. 2882. Laws 1859, pp. 184 and 186. Wood's Dig. art. 2702; Laws 1859, p. 184. 7 Wood's Dig. art. 200-204; Laws 1859, p. 186. after the discharge of the grand jury, the court may, in its discretion, order sixteen persons to be summoned, from a list of which, upon its return by the sheriff, the clerk shall draw a grand jury.' The mode of summoning juries is, by giving written notice to each of them personally, or by leaving such notice at his place of residence, with some person of suitable age and discretion." The sheriff makes his return on the day appointed, the persons summoned and the manner in which each was notified.' If the full number of competent persons be not thus obtained, the sheriff is ordered to summon a sufficient number to complete the grand jury. The provisions in reference to the challenge of grand jurors and their powers and duties are found in Wood's Digest, from page 284 to 287. A trial jury for every general term of the District Court, and of the Court of Sessions, is drawn and summoned in the same manner as a grand jury.* The court may impose a fine not exceeding one hundred dollars (in city or justices' courts fifty dollars) for each day the juror shall, without cause, neglect to attend. If, however, the notice was not personally served, the juror shall first have an opportunity, on an order to show cause, to be heard." A trial jury is summoned for a county court, recorder's court, mayor's court, or justice's court, when specially ordered by the court. For the county court the jurors are summoned from the county by the sheriff, for the recorder's or mayor's court from the city by the marshal, and for the justice's court from the city or township by the constable of the court." For coroner's jury see chapter on CORONERS. The foregoing provisions in regard to the mode of drawing jurors do not apply to the city and county of San Francisco. By a special act relating to San Francisco county it is provided that the supervisors shall annually, between the first Monday of January and the first of April, apportion among their several 1 Wood's Dig. art. 197-199; Laws 1859, p. 186. 2 Wood's Dig. art. 2702, § 6. $ id. § 7. 4 id 2703; Laws 1859, p. 184. Wood's Dig. art. 2705, 2706, and 200. id. 2703, 2708. 7 id. 2708, 2709. districts from four hundred to five hundred persons to be returned as grand jurors, and from twelve hundred to fifteen hundred as trial jurors.' The names of a number of persons equal to the number so apportioned to each district for grand jurors and trial jurors are taken from the poll list of that year by the supervisor of the district, during the first week in April. And the whole list of grand jurors and the whole list of trial jurors are revised by the board and certified, and are filed with the county clerk." The names thus selected are written upon ballots, closely folded, and placed in two boxes, one for the grand jury, and one for the trial jury, from which the grand and trial juries, respectively, are drawn by lot, by the county clerk, in the presence of the sheriff, and at least two witnesses named by the court.' If any of the persons whose names are drawn, are excused by the court from serving, or are temporarily disqualified, their ballots are returned to the box; but the ballots containing the names of those who serve and those permanently disqualified or exempt are destroyed.* It is further provided, however, that whenever a court or judge in San Francisco, upon ordering a jury, may be of opinion that a jury cannot be readily obtained under the special act, he may set forth such opinion in his order, and thereupon a jury may be obtained according to the general act." FORMS. Certificate of Drawing a Jury. State of California, County of In pursuance of an order issued by the Hon. County Judge of A. D. county, dated directed to, and ordering the sheriff of county to summon a trial jury for the term, A. D. of the Court of Sessions of said county, to be held on the &c., &c., said trial jury to be in attendance on said court on &c., &c. We, the undersigned, county judge, county clerk, and sheriff, 1 Laws 1857, p. 168. 2 id. 190. id. 191; id. 1858, p. 170. id. 1858, p. 170, 171. id. 1859, p. 191. |