10,195-10,200

CODE OF CIVIL PROCEDURE.

10,195. Jury of inquest defined.

SEC. 195. A jury of inquest is a body of men, summoned from the citizens of a particular district, before the sheriff, coroner, or other ministerial officer, to inquire of particular facts.

ARTICLE II.

QUALIFICATIONS AND EXEMPTIONS OF JURORS.

10,198. Who are competent to act as jurors.

SEC. 198. A person is competent to act as a juror, if he be:

1. A citizen of the United States, an elector of the county, whether his name be enrolled on the great register of the county, or not, and a resident of the township at least three months before being selected and returned.

2. In possession of his natural faculties, and not decrepit.

3. Possessed of sufficient knowledge of the language in which the proceedings of the courts are had;

4. Assessed on the last assessment roll of his county, on property belonging to him. [Amendment, approved March 23, 1876; Amendments 1875-6, 89; took effect sixtieth day after passage.(")

10,199. Who are not competent to act as jurors.

SEC. 199. A person is not competent to act as a juror:

1. Who does not possess the qualifications prescribed by the preceding section; 2. Who has been convicted of a felony or misdemeanor, involving moral turpitude.

10,200. Who exempt from jury duty.

SEC. 200. A person is exempt from liability to act as a juror, if he be:

1. A judicial, civil, or military officer of the United States, or of the State of California;

2. A person holding a county office;

3. An attorney at law;

4. A minister of the gospel, or a priest of any denomination, following his profession;

5. A teacher in a college, academy, or school;

6. A practicing physician;

7. An officer, keeper, or attendant of an almshouse, hospital, asylum, or other charitable institution;

8. Engaged in the performance of duty as officer or attendant of a county jail, or the state prison;

9. Employed on board of a vessel navigating the waters of this state;

10. An express agent, mail carrier, superintendent, employee, or operator of a telegraph line doing a general telegraph business in the state, or keeper of a public ferry or toll-gate;

11. An active member of a fire department of any city, town, or village in the state, or an exempt member of a duly organized fire company who has become exempt from jury duty before the passage of this act;

12. A superintendent, engineer, or conductor on a railroad;

13. A person who served as a juror in any court of record in this state, for a term thereof which has expired within a year; but this exemption shall not extend to a person who is summoned as a juror for the trial of a particular case. [Amendment, approved April 3, 1876; Amendments 1875-6, 86; took effect May 1, 1876.(b)

(a) The original section did not have the words "(whether his name be enrolled on the great register of the county, or not.)"

(b) The original section differed from the amendment

in the text in certain subdivisions, which were as follows: 3. An attorney and counselor at law. 4. A minister of the gospel or a priest of any denomination. 10. An express agent, mail carrier, telegraph operator, or keeper

COURTS AND JUDICIAL OFFICERS.

10,201. Who may be excused.

10,201-10,205

SEC. 201. A juror cannot be excused by the court for slight or trivial cause, or for hardship, or inconvenience to his business, but only when material injury or destruction to his property, or that of the public intrusted to him, is threatened, or when his own health, or the sickness or death of a member of his family, requires his absence.

10,202. Affidavit of claim to exemption.

SEC. 202. If any person exempt from liability to act as a juror, as provided in section two hundred, be summoned as a juror, he may make and transmit his affidavit to the clerk of the court for which he is summoned, stating his office, occupation or employment, and such affidavit shall be delivered by the clerk to the judge of the court when the name of such person is called, and, if sufficient in substance, shall be received as an excuse for non-attendance in person. The affidavit shall then be filed by the clerk. [New section, approved March 24, 1874; Amendments 1873-4, 286; took effect July 1, 1874.

ARTICLE III.

MANNER OF SELECTING AND RETURNING JURORS FOR COURTS OF RECORD.

10,204. Jury list, by whom and when to be made.

SEC. 204. The district judges of the several judicial districts within or embracing part of the city and county of San Francisco, and the county judge, probate judge, and judge of the municipal criminal court of said city and county, or a majority of such judges, must meet in said city and county in the month of December of each year, at the time and place designated by the county judge, and select a list of persons to serve as grand jurors in the county court, and another list of persons to serve as trial jurors in the courts of record, held in said city and county for the ensuing year. And the board of supervisors of each of the other counties of the state must, at its first regular meeting in each year, or at any other meeting, if neglected at the first, make a list of persons to serve as jurors in the courts of record, in their respective counties, until a new list is provided. [Amendment, approved April 3, 1876; Amendments 1875–6, 86; took effect May 1, 1876.(a)

[The act of April 3, 1876, from which the foregoing amendment was taken, had a twelfth section bearing upon the same subject as follows:]

SEC. 12. During the year one thousand eight hundred and seventy-six, the names of persons to serve, either as grand or trial jurors, in the courts of record of this state, shall be drawn from the "jury boxes of the several counties in which names may have been placed, in accordance with law, prior to the time when this act shall take effect.

10,205. How selection shall be made.

SEC. 205. They must proceed to select and list from those assessed on the assessment-roll of the previous year, suitable persons, competent to serve as

of a public ferry or toll-gate. 11. An active member of the fire department of any city, town, or village in this state, or an exempt member by reason of five years' active service. It did not have the thirteenth subdivision.

It was previously amended, by act of March 24, 1874; Amendments 1873-4, 285, so as to read like the amendment in the text, except in the following subdivisions: "3. A practicing attorney and counselor at law. 6. A practicing physician or dentist. 11. An active member of the fire department of any city, town, or village in this state, or an exempt member by reason of five years' active service. 13. An editor or local reporter of a newspaper."

any other meeting if neglected at the first, make a list of persons to serve as jurors in courts of record for the ensuing year.

It was previously amended, by act of March 24, 1874; Amendments 1873-4, 286, so as to read like the amendment in the text, except in the first sentence, which was as follows: "The district judges of the several districts within or embracing part of the city and county of San Francisco, and the county judge of the county, and the judge of the municipal criminal court of San Francisco, or a majority of such judges, must meet in San Francisco in the month of December of each year, at the time and place designated by the county judge, and make a list of persons to serve as jurors in the courts of record, held in said city and county, for the ensuing year."

Awnow 21 to 59

jurors; and in making such selection, they must take the names of such only as are not exempt from serving, who are in possession of their natural faculties and not infirm or decrepit, of fair character, of approved integrity, and of sound judgment.

10,206. Lists to contain how many names.

SEC. 206. The lists to be made by the board of supervisors shall contain not less than one hundred names and not more than one thousand names, and the grand jury list for the city and county of San Francisco shall contain not less than one hundred and fifty names and not more than one hundred and eighty names, and the trial jury list for said city and county shall contain not less than eight hundred names and not more than twelve hundred names; and within the limits above prescribed, the said list shall contain the names of as many persons as will, in the judgment of the judges of the board of supervisors, be required as jurors in the county during the year next ensuing. The names for all such lists shall be selected from the different wards or townships of the respective counties, in proportion to the number of inhabitants therein, as nearly as the same can be estimated by the persons making such lists. [Amendment, approved April 3, 1876; Amendments, 1875-6, 86; took effect May 1, 1876.(*) 10,207. [SEC. 207) was repealed by act approved April 3, 1876; Amendments 1875-6, 86; took effect May 1, 1876.]

10,208. List to be placed with clerk.

SEC. 208. Certified lists of the persons selected to serve as jurors must at once be placed in the possession of the county clerk.

10,209. Duty of clerk on receiving lists.

SEC. 209. On receiving such lists, the clerk must file the same in his office, and write down the names contained therein on separate pieces of paper, of the same size and appearance, and fold each piece so as to conceal the name thereon, and, in the city and county of San Francisco, he shall deposit the pieces having on them the names of persons selected to serve as grand jurors, in a box to be called the "grand jury box," and those having on them the names of persons selected to serve as trial jurors, in a box to be called the "trial jury box," and in the other counties of the state he shall deposit the said pieces in a box to be called the "jury box." [Amendment, approved April 3, 1876; Amendments 1875-6, 86; took effect May 1, 1876. (©)

10,210. Regular jurors to serve one year.

SEC. 210. The persons whose names are so returned are known as regular jurors, and must serve for one year, and until other persons are selected and returned.

10,211. Jurors, how to be drawn.

SEC. 211. In the city and county of San Francisco, the names of persons for grand jurors shall be drawn from the "grand jury box," and the names of persons for trial jurors shall be drawn from the "trial jury box," and, in the

COURTS AND JUDICIAL OFFICERS.

10,211-10,219

other counties of the state, the names of persons, whether for grand jurors or

jury box."

[New section, approved April

trial jurors, shall be drawn from the "
3, 1876; Amendments 1875-6, 86; took effect May 1, 1876.

ARTICLE IV.

TIME AND MANNER OF DRAWING JURORS FOR COURTS OF RECORD.

10,214. Jury to be drawn on order of judge.

SEC. 214. Before the commencement of any term of court the judge thereof, if a jury will be required therefor, must make and file with the county clerk an order that one be drawn. The number to be drawn must be named in the order. If to form a grand jury, it must be not less than twenty-five, and not more than thirty; and if to form a trial jury, such number as the judge may direct; and the time must be designated at which the drawing will take place. [Amendment, approved April 3, 1876; Amendments 1875-6, 86; took effect May 1, 1876.(*)

10,215. Sheriff to be notified.

SEC. 215. Before the drawing, the clerk must notify the sheriff and county judge of the time appointed for such drawing. [Amendment, approved March 24, 1874; Amendments 1873-4, 287; took effect July 1, 1874.(b)

10,216. Sheriff and judge to witness drawing.

SEC. 216. At the time so appointed, the sheriff, in person or by deputy, and the county judge, must attend at the county clerk's office to witness such drawing, and if they do so, the clerk must, in their presence, proceed to draw the jurors.

10,217. Drawing, when to be adjourned.

SEC. 217. If the officers named do not appear, the clerk must adjourn the drawing till the next day, and, by written notice, require two electors of the county to attend such drawing on the adjourned day. [Amendment, approved March 24, 1874; Amendments 1873-4, 287; took effect July 1, 1874.()

10,218. Shall proceed, when.

SEC. 218. If, at the adjourned day, the sheriff, county judge, and electors, or any two of such persons, appear, the clerk must, in their presence, proceed to draw the jurors.

10,219. Drawing, how conducted.

SEC. 219. The clerk must conduct such drawing as follows:

1. He must shake the box containing the names of jurors returned to him, from which jurors are required to be drawn, so as to mix the slips of paper upon which such names were written, as much as possible;

2. He must then publicly draw out of the box as many such slips of paper as are ordered by the judge;

3. A minute of the drawing must be kept by one of the attending officers, in which must be entered the name contained on every slip of paper so drawn, before any other slip is drawn;

(a) Original section:

SEC. 214. Not less than ten nor more than thirty days before the commencement of any term of court, the judge thereof, if a jury will be required therefor, must make and file with the county clerk an order that one be drawn. The number to be drawn must be fixed in the order; if to form a grand jury, it must be twentyfour, and if a trial jury, such number as the judge may direct.

It was previously amended, by act of March 24, 1874; Amendments 1873-4, 287, so as to read as follows:

SEC. 214. Before the commencement of any term of court, the judge thereof, if a jury will be required therefor, must make and file with the county clerk an

order that one be drawn, The number to be drawn must be named in the order; if to form a grand jury, it must be twenty-four, and if a trial jury, such number as the judge may direct; and the time must be designated at which the drawing will take place.

(b) Original section:

SEC. 215. At least one day before the drawing, the clerk must notify the sheriff and county judge of the time when such drawing will take place, which time must not be more than three days after the receipt by him of the order for such drawing.

(c) The original section, instead of "named," had the word "notified."

4. If, after drawing the whole number required, the name of any person has been drawn who is dead or insane, or who has permanently removed from the county, to the knowledge of the clerk or any other attending officer, an entry of such fact must be made in the minute of the drawing, and the slip of paper containing such name must be destroyed;

5. Another name must then be drawn, in place of that contained on the slip of paper so destroyed, which must, in like manner, be entered in the minutes of the drawing;

6. The same proceedings must be had as often as may be necessary, until the whole number of jurors required are drawn;

7. The minute of the drawing must then be signed by the clerk and the attending officers or persons, and filed in the clerk's office;

8. Separate lists of the names of the persons so drawn for trial jurors, and of those drawn for grand jurors, with their places of residence, and specifying for what court they were drawn, must be made and certified by the clerk and the attending officers or persons, and delivered to the sheriff of the county. 10,220. Preservation of ballots drawn.

SEC. 220. After a drawing of persons to serve as jurors, the clerk must preserve the ballots drawn; and at the close of the term of the court for which the drawing was had, must replace in the box from which they were taken, all ballots which have on them the names of persons who did not serve as jurors for the term, and who were not excused because they were exempt or incompetent. [Amendment, approved April 3, 1876; Amendments 1875-6, 86; took effect May 1, 1876.(*)

10,221. Copy of list to be furnished by clerk.

SEC. 221. The county clerk must furnish any person applying therefor, and paying the fees allowed by law for the same, a copy of the list of jurors drawn to attend any court.

ARTICLE V.

MANNER OF SUMMONING JURORS FOR COURTS OF RECORD.

10,225. Sheriff to summon jurors, how.

SEC. 225. As soon as he receives the list of jurors drawn, the sheriff must summon the persons named therein to attend, by giving personal notice to each, or by leaving a written notice at his place of residence, with some person of proper age, and must return the list to the court at the opening thereof, specifying the names of those who were summoned, and the manner in which each person was notified.

10,226. Courts of record may order jury drawn, when.

SEC. 226. Whenever jurors are not drawn and summoned to attend any court of record, or a sufficient number of jurors fail to appear, such court may, in its discretion, order a sufficient number to be forthwith drawn and summoned to attend the court; or it may, by an order entered on its minutes, direct an elisor elected by the court or the sheriff of the county, forthwith to summon so many good and lawful men of the county, to serve as jurors, as the case may require. And in either case such jurors must be summoned in the manner provided by the preceding section. [Amendment, approved March 24, 1874; Amendments 1873-4, 288; took effect July 1, 1874. (b)

(a) Original section:

SEC. 220. After the adjournment of any court at which jurors have been returned, as herein provided, the clerk must inclose the ballots containing the names of those who attended and served as jurors in an envelope, under seal, and the ballots of those who did

not attend and serve must be returned to the jury box. The ballots sealed in envelopes must not be returned to the jury box until all the ballots therein have been exhausted.

(b) The original section did not have the words "an elisor elected by the court or."