OF JURIES. CHAPTER 109. jurors, either of the said officers be absent, his place shall be supplied by the recorder of deeds for the county, who shall receive for his service the same compensation and be subject to the same penalties for default as by law is provided in the case of the prothonotary, or clerk of the peace. to be delivered SEC. 8. The officers drawing for grand and petit jurors as afore- List of jurors said, shall, immediately thereafter, deliver to the sheriff of the to sheriff. county a correct list of names of the persons so drawn, with the date of the drawing indorsed thereon, disposed of. SEC. 9. The said boxes shall, immediately after any drawing for Boxes; how jurors, be locked and kept by the prothonotary, the keys being delivered into the custody of the clerk of the peace. mon grand jury. SEC. 10. The sheriff of the county, upon receiving a list of the Sheriff to sumpersons drawn for grand jurors as aforesaid, shall, at least ten days before the next ensuing term of the Court of General Sessions for his county, summon in writing each of the said persons to serve as the standing grand jurors for that year at the said court. He shall, in like manner, upon receiving a list of persons drawn for petit jurors as aforesaid, at least ten days before the next ensuing Petit jury. term of the Superior Court, and Court of General Sessions, summon in writing each of the said persons to serve as petit jurors at the then next term of the said courts respectively. The sheriff shall, within one hour after the opening of said courts And return respectively, on the first day of every term, return to each of said panels to court. courts a separate and distinct panel of persons summoned to attend thereat as grand, or petit jurors, showing the christian and surnames, and places of abode of such jurors. serve for the SEC. 11. The grand jurors for the year, drawn as aforesaid, shall Grand jury to be summoned and returned to attend, as grand jurors, at any Court year. of Oyer and Terminer, when the precept for holding such court directs a grand jury to be summoned. to be drawn for For any Court of Oyer and Terminer, [fifty-four] petit jurors shall, Chap. 220, vol. 17. upon notice from the sheriff to the prothonotary and clerk of the 48 petit jurors peace that such court is to be held, be drawn, summoned and re- Court of Oyer. turned according to the foregoing provisions for drawing, summoning and returning petit jurors for the Superior Court and Court of General Session: provided, that if the day assigned for holding Superior Court a Court of Oyer and Terminer, shall be at a time when a petit jury Only 18, if is in attendance upon the Superior Court [or] Court of General Ses- is in session. sions, such jury shall constitute a part of the panel of the petit Chap. 91, vol. 14. jurors to be summoned to attend the said Court of Oyer and Terminer, and only the residue of the said number of [fifty-four] jurors Chap. 220,vol. 17. shall be drawn according to the foregoing provisions. be sworn at each SEC. 12. The grand jurors shall, at every term of any court which Grand jurors to they shall attend during the year for which they are drawn, be sev- term. erally sworn, or affirmed, to the faithful discharge of their duty and trust. Tales de circumstantibus. be prepared. OF JURIES. CHAPTER 109. SEC. 13. If at any court, a sufficient number of grand, or petit jurors, drawn aud summoned as aforesaid, do not appear; or if the panel returned by the sheriff be quashed by the court, the court may award a tales de circumstantibus, or make such other order as it may deem expedient, for filling up the requisite number of jurors to serve at such court. In like manner, a deficiency of petit jurors may be supplied, when by reason of challenges, or otherwise, a sufficient number are not ready for the trial of a cause. SEC. 14. The prothonotary, or clerk of the peace, shall, under Jury ballots to the direction of the judges presiding, write the name of each petit juror, returned and empannelled as aforesaid, upon a distinct ballot, all the ballots being of the same color and size; and shall roll the said ballots, all in the same manner, as near as may be, and put them together in a box to be provided for the purpose. Jury drawn. Jury. Names kept apart. Jury from residue. When ordered, How struck. up When a cause is called for trial, an indifferent person shall, in open court, draw out twelve of the said ballots successively; and if any of the jurors, whose names are so drawn, shall not appear, or shall be challenged and set aside, then a further number shall be drawn, until twelve jurors appear, and, upon challenge, are allowed. The said twelve persons first drawn, appearing and allowed, their names being marked in the panel, and they being sworn, or affirmed, shall be the jury to try the cause. The names of the persons so sworn, or affirmed, shall be kept apart in another box to be provided for the purpose, until the verdict of such jury shall have been rendered and recorded, or until the jury shall be discharged by the court; when the same names shall be rolled up and returned to the first mentioned box, to be kept with the other names remaining then undrawn; and so toties quoties, as long as any cause remains for trial. cause, SEC. 15. If, before the discharge of a jury empanneled in a another cause shall be called for trial, a jury to try such other cause may be drawn from the residue of the ballots not containing the names of the jurors drawn. SPECIAL JURIES. SEC. 16. A special jury for the trial of a cause, shall be ordered by the court upon the application of either party, and the mode of striking the same shall be as follows, viz: The party applying for the special jury shall give due notice to the opposite party, and to the prothonotary, of the time and place of striking such jury; at which time and place the prothonotary, or his deputy, or if the prothonotary be not indifferent between the parties, then two proper persons indifferent between the parties, appointed by the court, or any judge, shall attend with a list of forty-eight indifferent and judicious citizens of the county, qualified to serve as jurors, show OF JURIES. CHAPTER 109. ing their names and places of abode. The party applying for the from this list. SEC. 17. At the trial of the cause, a special jury shall be drawn Jury to be drawn from the list, returned under the foregoing section, in the manner provided for other cases. special jury; SEC. 18. The party applying for a special jury, shall pay the ex- Expenses of penses occasioned by the trial of the cause by such special jury, and how paid. the same shall not be allowed to him as part of the cost in the case, unless the court shall, immediately after the trial of the cause, certify upon the record that the said cause was proper to be tried by a special jury. The court, in its discretion, may order payment of the costs of striking and summoning a special jury, or any part thereof, before the trial of the cause wherein such jury shall be summoned. how many. ordered. SEC. 19. In all civil suits each party may, by himself, or attor- Challenges; ney, challenge, without cause, any juror, or jurors, drawn for the trial of the cause, not exceeding three in uumber, and the deficiency, so created, shall be supplied by drawing as many additional names as are necessary to make up a full jury to try the cause. SEC. 20. Upon the motion of either party, the jury may be taken View; when to view the premises, or place, in question, or to which the controversy relates, when it shall appear to the court that such view is necessary to a just decision: provided, the party making the application, shall advance a sum sufficient to defray the expenses of the jury advanced. and the officers who attend them in taking the view; which expen- When to be ses shall be afterward taxed as part of the costs in the case, if the taxed as costs. party advancing them shall prevail in the action. Expenses to be records of SEC. 21. The prothonotary, or clerk of the peace shall keep, in Clerks to keep a book provided for that purpose, the surnames alphabetically of; JURORS' attendall persons summoned and returned to serve as grand jurors, or as ance and defaults petit jurors, at the said courts respectively, together with their chris. tian names and places of abode; and shall mark the attendance of Jury lists; to be signed by judges. To be sent to levy court. Fine for neglect in drawing or summoning jury; to be imposed by the court. Penalty for of jurors. OF JURIES. CHAP. 109. CHAP. 221, VOL. 17. each juror and the default of each juror in not answering every call of his name by order of the court. SEC. 22. The prothonotary, or clerk of the peace, shall, at each court, make a list of the jurors in attendance, showing the amount due to each juror for his service at such court; and the said list being approved and signed by the judges present, the prothonotary, or clerk, shall draw an order payable to each juror, or his order, for the sum so allowed for his service, upon the treasurer of the county, who is hereby required to pay the same. After the drawing of such orders, the said lists shall be transmitted by the prothonotary, or clerk, to the levy court. SEC. 23. When, by a neglect of any of the duties enjoined by this chapter upon any of the officers herein mentioned, a jury shall not be duly drawn and summoned to attend any court to which their attendance is by law required, every person, guilty of such neglect, shall forfeit and pay a fine of fifty dollars to be imposed by the court upon a summary investigation, as for a contempt of court, and to be for the use of the county in which the offence is committed. SEC. 24. If any prothonotary, clerk of the peace, or recorder, fraud in respect shall commit any fraud, either by practising on the jury boxes previous to a draft, or in drawing a juror; or in returning into the box the name of any juror which had been lawfully drawn out, and drawing or substituting another in his stead, or in any other way in the drawing of jurors; or if a sheriff shall commit any fraud in the summoning, or returning, of jurors, either in the summoning, or returning, of persons who shall not have been drawn as jurors, or in refusing to summon and return persons who shall have been drawn as jurors, or otherwise; every officer so offending, shall be deemed guilty of a misdemeanor, and shall forfeit and pay a fine not exceeding two hundred dollars. Penalty on jurors not answering. Forfeiture. May be remitted. Competency of jurors in capital cases. SEC. 25. If any person, summoned to attend, as a grand, or petit juror, at any court, under any of the foregoing provisions, shall fail to comply with such summons, or to answer to every call of his name by order of the court, such defaulting juror shall forfeit his fees for the day's attendance, or pay a fine not exceeding ten dollars, at the discretion of the court; the fine when imposed, to be for the use of the county in which the offence shall be committed. The court may, upon proper cause shown, remit a fine so imposed. CHAPTER 221, VOL. 17. LAWS OF DELAWARE, AN ACT IN REFERENCE TO THE COMPETENCY OF JURORS IN SECTION 1. When a juror is called in a capital case he shall be first sworn or affirmed upon the voir dire and then asked, under the direction of the court, if he has OF JUDGMENTS. CHAPTER 110. formed and expressed any opinion in regard to the guilt or innocence of the prisoner at the bar. If his answer be in the negative, he shall be sworn as a juror in said case, unless he has conscientious scruples against finding a verdict of guilty in a case where the punishment is death, even if the evidence should so warrant him, or unless he shall be peremptorily challenged, challenged for cause, or excused by consent of counsel on both sides. If his answer to said question be in the affirmative, he shall be dis- When disqualiqualified to sit in said case, unless he shall say, upon his said oath or affirmation, to the satisfaction of the court, that he feels able, notwithstanding such an opinion, to render an impartial verdict upon the law and the evidence; in which event he shall be a competent juror, if not otherwise disqualified, challenged, or excused. Passed at Dover, January 24, 1883. fied. Exceptions. SECTION 1. A judgment shall bind lands only from the time of Judgments bind actually entering, or signing it, and not by relation from the first only from entry. day of the term in, or of which it is entered. VERDICT; lien. TO BE ASCER SEC. 2. A judgment upon a verdict, if entered before the end of Judgments UPON the term next after that in which it is given, shall be deemed to be Judgments entered at the same time as the verdict, and shall bind accordingly, given; AMOUNT SEC. 3. A judgment given, amount to be ascertained by the pro- TAINED; lien. thonotary, or other person, shall bind from the time of its entry, if the amount be ascertained and entered upon the docket before the first day of the term next after that in which the judgment is given; but otherwise only from the time of entering upon the docket the ascertained amount. SEC. 4. If several judgments be entered against the same person, Judgments on the same day, the first entered shall have the priority. If, entered same |