panel, the court may direct the sheriff or other proper officer to summon a sufficient number of persons, having the qualification of jurors, to complete the panel. from the body of the county and not from the bystanders, and the sheriff must summon the number so ordered, accordingly, and return the names to the court." 2. Amended by Code Amdts. 1873-74, p. 288, (1) changing the words "or other proper officer" to "or an elisor selected by the court," and (2) adding the words "or elisor" before "must summon." 8. Amended by Code Amdts. 1880,

p. 48.

Citations. Cal. 59/363; 106/318; 113/85; 116/195; 138/269; 142/360. Compensation of elisor.

§ 228. An elisor who shall, by order of a court of record, summon persons to serve as jurors, shall be entitled to a reasonable compensation for his services, which must be fixed by the court and paid out of the county, or city and county treasury, and out of the general fund thereof.

Legislation § 228. 1. Added by Code Amdts. 1875-76, p. 88, and read as at present, except that (1) the word "the" was used before "order," and (2) the section ended with the words "paid out of the county treasury." 2. Amended by Code Amdts. 1880, p. 49.

§ 230. When jurors are required in any of the justices' courts, or in any police or other inferior court, they shall, upon order of the justice, or any one of the justices where there is more than one, or of the judge thereof, be summoned by the sheriff, constable, marshal, or policeman of the jurisdiction.

Legislation § 230. 1. Enacted March 11, 1872, and then read: "When jurors are required in any police or justice's court, they must, upon the order of the judge or justice thereof, be summoned by the sheriff, marshal, policeman, or constable of the jurisdiction." 2. Amended by Code Amdts. 1880, p. 49, to

read as at present, except that (1) it had the word "the" before "order," and (2) the word "of" was printed "if" before the words "the judge." 3. Amended by Stats. 1907, p. 680; the code commissioner saying in his note, "The amendment consists in changing the word 'if' to 'of' to correct an error." Citations. Cal. 145/475.

How to be summoned.

§ 231. Such jurors must be summoned from the persons competent to serve as jurors, residents of the city and county, township, city, or town in which such court has jurisdiction, by notifying them orally that they are summoned, and of the time and place at which their attendance is required.

Legislation § 231. 1. Enacted March 11, 1872, and then read: "Such jurors must be summoned from the persons resident of the city or township, competent to serve as jurors, by notifying them orally that they are so summoned, and of

the time and place at which their attendance is required." 2. Amended by Code Amdts. 1880, p. 49.

Officer's return.

§ 232. The officer summoning such jurors shall, at the time fixed in the order for their appearance, return it to the court with a list of the persons summoned indorsed thereon.

Legislation § 232. 1. Enacted March 11, 1872, and then read: "The officer summoning such jurors must, at the time fixed in the order for their appearance, return it, with a list of the persons summoned indorsed thereon." 2. Amended by Code Amdts. 1880, p. 49.

How to be summoned.

ARTICLE VII.

Of Summoning Juries of Inquest.
§ 235. How to be summoned.

§ 235. Juries of inquest shall be summoned by the officer before whom the proceedings in which they are to sit are to be had, or by any sheriff, constable, or policeman, from the persons competent to serve as jurors, resident of the county, or city and county, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required.

Legislation § 235. 1. Enacted March 11, 1872, and then read: "Juries of inquest must be summoned by the officer before whom the proceedings are had, or any sheriff, policeman, or constable, from the persons resident of the county competent to serve as jurors, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required." 2. Amended by Code Amdts. 1880, p. 49.

Attachment and fine.

ARTICLE VIII.

Obedience to Summons, how Enforced.

§ 238. Attachment and fine.

§ 238. Any juror summoned, who willfully and without reasonable excuse fails to attend, may be attached and compelled to attend; and the court may also impose a fine not exceeding fifty dollars, upon which execution may issue. If the juror was not personally served, the fine must not be imposed until upon an order to show cause an opportunity has been offered the juror to be heard.

Legislation § 238. 1. Enacted March 11, 1872; based on Stats. 1863, p. 630. 2. Amended by Code Amdts. 1880, p. 49, changing the words "one hundred dollars" to "fifty dollars."

241. § 242.

§ 243.

ARTICLE IX.

Of Impaneling Grand Juries.

Grand juries, when and by whom impaneled.
How constituted.

Manner of impaneling prescribed in Penal Code.

Grand juries, when and by whom impaneled.

§ 241. Every superior court, whenever in the opinion of the court the public interest requires it, must make and file with the county clerk, an

order directing a jury to be drawn, and designate the number, which, in case of a grand jury, shall not be less than twenty-five nor more than thirty. In all counties there shall be at least one grand jury drawn and impaneled in each year. Such order must designate the time at which the drawing will take place. The names of such jurors shall be drawn, the list of names certified and summoned, as provided for drawing and summoning trial jurors; and the names of any persons drawn, who may not be impaneled upon the grand jury, may be again placed in the grandjury box.

Legislation § 241. 1. Enacted March 11, 1872, and then read: "At the opening of each regular term of the county court (unless otherwise directed by the judge), and as often thereafter as to the judge may seem proper, a grand jury may be impaneled." 2. Amended by Code Amdts. 1880, p. 50, to read: “Every superior court, whenever in the opinion of the court the public interests may require it, must make and file with the county clerk of their respective counties an order directing a jury to be drawn, and designating the number which, in case of a grand jury, shall not be less than twenty-five nor more than thirty. In all counties having less than three superior judges there shall be one grand jury drawn and impaneled in each year, and in all counties having three or more superior judges there shall be two grand juries drawn and impaneled in each year. Such order must designate the time at which the drawing will take place. The names of such jurors shall be drawn, the list of names certified and summoned as provided for drawing and summoning trial jurors; and the names of any persons drawn who may not be impaneled upon the grand jury may be again placed in the jury-box.'". 3. Amended by Stats. 1881, p. 71, (1) transposing the words "may" and "must" in the second line, thus changing the words to "must require it, may make" (sic); (2) inserting "court" between the words "superior judges," in both instances; and (3) inserting "grand" before "jury-box," in last line. 4. Amendment by Stats. 1901, p. 122; unconstitutional: See note, § 5, ante. 5. Amended by Stats. 1905, p. 139.

Citations. Cal. 47/136; 69/109, 546, 549; 92/242; 152/73, 75, 79.
Summoning grand jury: Const., art. i, § 8.

How constituted.

§ 242. When, of the persons summoned as grand jurors and not excused, nineteen are present, they shall constitute the grand jury. If more than nineteen of such persons are present, the clerk shall write their names on separate ballots, which he must fold so that the names cannot be seen, place them in a box, and draw out nineteen of them, and the persons whose names are on the ballots so drawn shall constitute the grand jury. If less than nineteen of such persons are present, the panel may be filled as provided in section two hundred and twenty-six of this code. And whenever, of the persons summoned to complete a grand jury, more shall attend than are required, the requisite number shall be obtained by writing the names of those summoned and not excused on ballots, depositing them in a box, and drawing as above provided.

Legislation § 242. 1. Enacted March 11, 1872 (based on Stats. 1863, p. 634), and then read: "When, of the jurors summoned, not less than thirteen nor more than fifteen attend, they shall constitute the grand jury. If more than fifteen attend, the clerk must call over the list summoned, and the fifteen first answering shall constitute the grand jury. If less than thirteen attend, the panel may be

filled to fifteen as provided in section two hundred and twenty-six."

2. Amended

by Code Amdts. 1875-76, p. 88, to read as at present, except that (1) in the first line the word "persons" was changed from "jurors," and the words "as grand jurors" were added after "summoned"; (2) the words "clerk shall" were changed from "clerk must"; and (3) the words "of this code" were added after "section two hundred and twenty-six." 3. Amended by Code Amdts. 1880, p. 50. Citations. Cal. 54/66; 69/111; 92/258; 106/316, 318; 134/437.

Manner of impaneling prescribed in Penal Code.

§ 243. Thereafter such proceedings shall be had in impaneling the grand jury as are prescribed in part two of the Penal Code.

Legislation § 243.

1. Enacted March 11, 1872. 2. Re-enacted by Code Amdts.

1880, p. 50, in amending Part I.

Formation of grand jury: See Pen. Code, §§ 894-901.

Clerk to call list of jurors summoned.

§ 246. At the opening of court on the day trial jurors have been summoned to appear, the clerk shall call the names of those summoned, and the court may then hear the excuses of jurors summoned. The clerk shall then write the names of the jurors present and not excused upon separate slips or ballots of paper, and fold such slips so that the names are concealed, and there, in the presence of the court, deposit the slips or ballots in a box, which must be kept sealed or locked until ordered by the court to be opened.

Legislation § 246. 1. Enacted March 11, 1872, and read as at present, except that (1) the word "shall," after "clerk," was changed from "must," in both instances; (2) the word "there," before "in the presence," was changed from "then"; and (3) it did not contain the words "or locked," after the word "sealed." 2. Amended by Code Amdts. 1880, p. 50.

Citations. Cal. 101/544.

Manner of impaneling prescribed in part two.

§ 247. Whenever thereafter a civil action is called by the court for trial, and a jury is required, such proceedings shall be had in impaneling the trial jury as are prescribed in part two of this code. If the action be a criminal one, the jury shall be impaneled as prescribed in the Penal Code.

Legislation § 247. 1. Enacted March 11, 1872, and then read: "When thereafter an action is called for trial by the court, such proceedings shall be had in impaneling the trial jury as are prescribed in Part II of this code." 2. Amended by Code Amdts. 1880, p. 51.

Formation of jury in civil action: See post, §§ 600-604.

Criminal case: See Pen. Code, §§ 1055-1089.

Counties having more than one judge.

§ 248. In any county having two or more judges of the superior court, a separate panel of jurors may be drawn, summoned and impaneled for each judge, or one panel may be drawn, summoned and impaneled by any one of the judges for use in the trial of cases before any two or more of the judges, as occasion may require. In such counties, when a panel of jurors is in attendance for service before one or more of the judges, whether impaneled for common use or not, the whole or any number of the jurors from such panel may be required to attend and serve in the trial of cases, or to complete a panel, or jury, before any other of the judges. If one of the judges has a separate panel of jurors, no part thereof shall, without his consent, be taken to serve before another judge. Legislation § 248. Added by Stats. 1907, p. 680; the code commissioner saying, "A new section settling the practice with reference to panels of jurors in the superior court in counties having two or more judges of that court."

Proceedings in forming jury.

§ 250. At the time appointed for a jury trial in justices', police, or other inferior courts, the list of jurors summoned must be called, and the names of those attending and not excused must be written upon separate slips of paper, folded so as to conceal the names, and placed in a box, from which the trial jury must be drawn.

Legislation § 250. 1. Enacted March 11, 1872 (based on Practice Act, § 588), and then read: "At the time appointed for a jury trial, in police or justices' courts, the list of jurors summoned must be called, and the names of those attending must be written upon separate slips of paper, folded so as to conceal the names, and placed in a box, from which the trial jury must be drawn." Amended by Code Amdts. 1880, p. 51.

Manner of impaneling.

2.

§ 251. Thereafter, if the action is a criminal one, the jury must be impaneled as provided in the Penal Code; if a civil one, as provided in part two of this code.

Legislation § 251. 1. Enacted March 11, 1872. 2. Re-enacted by Code Amdts. 1880, p. 51, in amending Part I.

Similar provision: See ante, § 247.