When may investigation, that such person has all the qualifications specified in this section. It shall also be the duty of each of said excuse jurors. courts forthwith to excuse from service as jurors, any and all Number of jurors to be returned by board. Clerk of court When old ballots to be destroyed. persons who shall not so be shown to possess all of such qualifications, as well as all persons who, by law, are exempt from service upon juries in courts of record. The particular manner in which such examination and investigation has been made shall be set forth in the journal of said court, and it shall be a just cause of challenge to any juror in any cause, over and above all other challenges allowed by law, that it does not so appear in and by said journal, that said juror has all of said qualifications; and it shall also be the duty of each of the judges of said courts, whenever he shall have reason to doubt whether any person in attendance upon such court, as a juror, is possessed of all of said qualifications, forthwith to excuse such juror from further attendance and service as such juror. SEC. 6. There shall be returned each year, by the said board, to serve as jurors in the circuit court of said county, the names of four hundred and fifty persons, who shall be resi dents of said county, and as petit jurors in the superior court of Grand Rapids, the names of three hundred persons, who shall be residents of said city, but either of said courts may direct a different number of persons to be returned by said board, by an order to be entered on its journal, a copy of which order, certified by its clerk, shall be delivered to the secretary or president of such board at least thirty days prior to said first Monday in May, and said board shall thereupon return for said court the number of names mentioned in said order. SEC. 7. The clerk of the court, in receiving said list, shall file it in his office, shall forthwith write the names of the persons thus selected on separate strips of paper of the same size and appearance as nearly as may be, shall fold up each of said strips of paper in the same manner, so as to conceal the name thereon, and deposit and preserve the same in a box, to be called and labeled "Jury Box," and the persons whose names are thus returned and deposited in said jury box shall be liable to serve as jurors for one year and until another list shall be selected, returned and filed with said clerk, and the names thereon deposited in said jury box in the manner aforesaid. Immediately upon the depositing of the names so returned, in the jury box, the clerk shall seal up such lists of jurors, and said list shall remain sealed, unless otherwise ordered by the presiding judge of the court for which said list is filed. SEC. 8. Before depositing in said jury box the names contained in any new list, the ballots deposited therein for the preceding year shall be taken out and destroyed, and it shall be the duty of the presiding judge of the court, and the sheriff, to attend and be present with the clerk when the ballots containing the names of persons to serve as jurors, are deposited in said jury box and when the same are taken out to be destroyed. SEC. 9. At least fourteen days before any term of said court Drawing of at which jury trials may be had, the jury commissioners shall juries. draw from the jury box the names of as many persons as the said court may order, not less than twenty-four, to serve as petit jurors in said court, but before such drawing said commissioners shall give two days' notice to the presiding judge, and clerk in said court and to the sheriff, of the time when such drawing shall take place. drawing. SEC. 10. At the time so appointed it shall be the duty of Who to attend said judge, clerk and of the sheriff or deputy sheriff of Kent county to attend at the clerk's office and witness said drawing of jurors, and if neither said presiding judge, clerk, sheriff or deputy sheriff be present at the appointed time, the commissioners may adjourn such drawing to some certain hour on the next day, of which adjournment they shall forthwith give notice to such judge and sheriff. missioners to SEC 11. If, at the time first appointed for said drawing. When comor at the adjourned time therefor, either said presiding judge, proceed. clerk, sheriff or deputy sheriff shall be present, the commissioners shall proceed in such drawing as follows: They shall direct the secretary of said commission to shake the jury box so as to fairly mix the slips of paper deposited therein, who shall then draw from such box, publicly, and in the presence of the officer or officers attending, as many strips of paper containing the names of jurors written thereon, as may have been ordered by said court, and one of the attending officers shall keep a minute of such drawing in which he shall enter the name on every strip of paper drawn before any other such strip be drawn. If, after drawing the whole number required, In cases of inthe name of any person shall appear to have been drawn who is insane, or dead, or has removed from the jurisdiction of the court, or is otherwise incompetent, to the knowledge of said commissioners, or any attending officer, an entry of such fact shall be made on the minute of the drawing, the strip of paper containing his name shall be destroyed, and another name shall then be drawn in the place of the one destroyed, and entered on the minute of the drawing, and like proceedings shall be had as often as necessary, until the whole number of jurors shall be drawn. competency. mon Jurors. SEC. 12. The said minute of the drawing shall then be who to sumsigned by the commissioners and the attending officers, and filed in the clerk's office, and he shall immediately make out a venire facias, and deliver the same to the sheriff of Kent county, which shall command him or any of his deputies to summon the persons therein named to be and appear in said court at the term thereof for which they were drawn, to serve as petit jurors, and not depart from the same until dis charged, under penalty as the court may impose. and when SEC. 13. Said venire facias shall be served at least six days Service, how before the term of court therein specified by giving personal de notice to each person therein named, or by leaving a written notice at his place of residence, with some person of proper Fine for neglect of juror to attend. Disposal of certain ballots. When addi may be summoned. age, and return thereof shall be made to said court at its opening, specifying those who were summoned, and the manner in which each person was notified. SEC. 14. The court to which any list of jurors shall be returned shall impose a fine of not exceeding ten dollars for each day that any person duly summoned as a juror shall, without reasonable cause, neglect to attend; but if it appear by such return that any person was notified by leaving a written notice at his place of residence, the court shall suspend the imposition of such fine until the defaulting juror shall be notified to appear and show cause why the same should not be imposed. SEC. 15. The clerk of the court shall destroy the ballots of all persons who shall attend and serve as jurors, or who shall be excused from serving as jurors on the ground of being exempted by law from such service, and the ballots of such persons who did not appear and serve, which shall not have been destroyed, shall be returned to the jury box. SEC. 16. Whenever for cause petit jurors shall not have been tional jurors drawn or summoned to attend any term of said court, or a sufficient number of qualified jurors shall fail to appear, said court may, in its discretion, order a sufficient number of petit jurors to be forthwith drawn from said jury box, and summoned to attend such court. Duty of sheriff. When court may cause summoned. SEC. 17. The sheriff. on receiving a list of jurors drawn pursuant to the preceding section, shall proceed as soon as possible to summon such jurors forthwith to attend such court and make returns to said court of the jurors in the same manner as in the case of a venire facias. SEC. 18. When there shall not be jurors enough present to talesmen to be form a panel in any case, said court may direct talesmen to be drawn and summoned, as in the last two preceding sections, but all talesmen shall be drawn from said jury list, and any judge who shall select or allow any sheriff or clerk or other person to select any talesman or other juror, except as provided by law, shall be deemed guilty of corrupt conduct in office, and be subject to impeachment therefor: Provided, That the superior court of the city of Grand Rapids may direct the officer in attendance of said court to summon a sufficient number of persons having the qualifications of jurors to complete the panel from among the bystanders of the neighboring citizens, and such officers shall immediately summon the number so ordered, and return their names to said court. Proviso. When commissioners to make new list. SEC. 19. In case the commissioners fail to meet and return said list at the time prescribed by this act, or in case any list of jurors shall become exhausted or be declared illegal before the year for which they were drawn has expired, it shall be competent for said circuit court or the superior court of Grand Rapids to direct said board of jury commissioners to meet and make a new list of jurors for such court, to serve for the balance of the year. requesting, SEC. 20. Any person who shall request said commissioners, Penalty for or any of them, to be selected or returned as a juror or who etc., to be shall request that any other person be so selected and returned, drawn. and any commissioner who shall cause any person to be selected and returned, who shall have made any request, or in whose behalf any such request shall have been made, or shall make known to any other person any name selected and returned on any jury list, before the same may have been drawn from the jury box, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail not more than one month, or by a fine not exceeding one hundred dollars, or by both such fine and imprisonment. when drawn. SEC. 21. Special juries shall, upon demand of either of the Special juries, litigants, be struck from thirty-six names selected by the commissioners for that purpose, and such service shall not debar them from serving as jurors at the next term of court. missioners SEC. 22. Said board of jury commissioners shall, when Duties of comordered by the circuit court for the county of Kent, make a relative to list of suitable persons having the qualifications of petit jurors grand juries. to serve as grand jurors. Such list shall contain one hundred and fifty names, and shall be made up from the county at large, without reference to any division into wards or townships; and when a grand jury shall be ordered to be drawn, the jury commissioners shall give the same notice and take the same proceedings as is provided in the case of drawing petit jurors for drawing the names of twenty-three persons from said list of grand jurors, to serve as grand jurors, and the same shall be summoned and served in like manner and with like pay as petit jurors. If any of the persons whose name shall be drawn as grand jurors shall not appear or shall be exempted or excused, the court may order a sufficient number to be drawn and summoned, to complete the panel. tion, etc., of proviso. SEC. 23. Jurors shall be paid mileage at the rate of ten Compensacents per mile for their traveling expenses from their residence jurors. to the place of holding court and for returning thereto, and for each day of actual attendance at sessions of the court, at the rate of two dollars and fifty cents per day: Provided, That Proviso. jurors residing more than five miles from the place of holding the court may be paid for not more than two days if their personal attendance is not required on such days: And pro- Further vided further, That the court may excuse any juror or jurors from attendance without pay for any portion of the term. Jurors excused for more than two days without pay may, by order of the court, receive mileage for traveling in going to their residences and returning to the court. It shall be the duty of the court to excuse jurors from attendance on days when it is not expected that trials will be had of jury causes. Any clerk or deputy clerk of the court who shall wilfully issue anv certificate of attendance of a juror, and on which said juror shall receive pay, excepting as provided by this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail not more Exemptions from jury duty. Persons court may excuse. Commission as soon as appointed. than six months or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. SEC. 24. The following persons shall be exempt from serving as jurors, to wit: All officers of this State, or the United States, all county officers and their deputies, all employes in any postoffice or custom house of the United States, or in the custom department of the United States; all city officers of the city of Grand Rapids and their deputies, all constables and justices of the peace, all officers and members of any organized police department, attorneys and counselors at law, practicing physicians, officers and professors of the University, officers and professors in colleges, settled ministers of the gospel, preceptors and teachers of incorporated academies, superintendents and teachers of public schools, all presidents, managers, superintendents, engineers and heads of departments and conductors of any railroad authorized by the laws of this State, and actually constructed and used, all constant ferrymen, all chiefs and assistant engineers, and the members of any fire department organized according to law; all persons more than seventy years of age, and all active and contributing members of any military company organized and mustered under the laws of this State. SEC. 25. The court, in its discretion, may excuse any juror from serving at such court whenever it shall appear: First, That he is a practicing physician or surgeon, and has patients requiring his attention; or Second, That he executes any other civil office than those specified in the preceding section the duties of which are at the time inconsistent with his attendance as a juror; or Third, That he is a teacher of any school, actually employed and serving as such; or Fourth, That he is more than sixty years of age; or Fifth, When for any other reason the interests of the public or of the individual juror will be materially injured by such attendance, or his own health or that of any member of his family requires his absence from said court. SEC. 26. The board of jury commissioners, as provided for ers to proceed by this act, shall, as soon as may be after their appointment and organization, proceed to select the names of persons to serve as jurors as herein provided, which said lists shall be filed with the clerk of the court for which they shall be selected, and by him deposited in the manner prescribed by section seven, and thereupon the ballots containing the names of jurors. which may have been previously selected and returned, shall be destroyed: Provided, That nothing in this act shall affect the validity of a panel of jurors which may have been drawn for any term of court before the returning of the list provided for by this act. Proviso. This act is ordered to take immediate effect. |