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ises were struck off and sold to O. P., for the sum of one thousand dollars, he, the said O. P., being the highest bidder, and that being the highest sum bidden for the same.

Now this indenture witnesseth, that I, C. D., sheriff as aforesaid, and assignee of said insolvent, by virtue of said order, and in pursuance of the statute in such case made and provided, for and in consideration of the sum of money above mentioned, to me in hand paid, as aforesaid, the receipt whereof is hereby acknowledged, have granted, sold, conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said O. P., his heirs and assigns, all the estate, right, title and interest of A. B., the said insolvent, in and to the following described property,

to wit:

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together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to have and hold, the said above mentioned and described premises, with the appurtenances, unto the said O. P., his heirs and assigns, forever, as fully and absolutely as I, C. D., assignee as aforesaid, can, may or ought to, by virtue of the said order and of the statute in such cases made and provided, grant, bargain, sell, release, assign, convey and confirm the same.

In witness whereof I, the said assignee, have hereunto set my hand and seal, the day and year first above written.

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C. D., [L. S.] Assignee of A. B.

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The orders heretofore made, requiring the creditors of said insolvents to show cause why the statements deposited by the assignee in the clerk's office of this court should not be accepted, and distribution made, being returnable this day, and this being the day for showing cause as aforesaid, and it appearing to the court that fifteen days' notice had been given according to law, and no cause being shown why a distribution should not be made, and it also appearing to the court that the sum of seven thou

sand thirty-three and 99-100 dollars mentioned in said statement to be distributed, is the same money mentioned in the statements filed and deposited in each of said causes, and that the creditors and the sums and claims due each, are the same creditors and claims mentioned in each statement. It is therefore ordered that said assignee pay over to the creditors of said insolvents, John Shaw and William Pluck, eighteen per cent. of their several claims as set forth in the statements filed in the above causes; that is to say:

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To A. B. the sum of

To C. D. the sum of

&c., &c.

$324 14 352 38

For forms relating to homestead exemption, in favor of insolvent, see title HOMESTEAD.

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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.1

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.❜

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.

5

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.

4 Laws 1859, pp. 184 and 186.

Wood's Dig. art. 2702; Laws 1859, p. 184.
Wood's Dig. art. 2704; Laws 1859, p. 184.

7 Wood's Dig. art. 200-204; Laws 1859, p. 186.

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