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Proviso.

When board to meet,

time upon the like recommendation of said judges, and the

person or persons so appointed shall hold office for the reTo take oath. mainder of the unexpired term. Said commissioners before

entering upon the discharge of their duties shall take and subscribe the oath of office prescribed by the constitution, and file

the same in the office of the county clerk. They shall elect Compensa- one of their number president. The commissioners shall re

ceive in full compensation for their services five dollars per day for each day actually employed in the duties of said office, together with mileage for their traveling expenses while in the actual performance of their duties at the rate of five cents per mile: Provided, That no commissioner shall receive pay for more than fifteen days' service in any one year. The clerk of the county of Kent shall act as secretary of said commis. sion, and without additional compensation therefor. He shall keep a record of the proceedings of said commissioners and perform such other clerical duties as are prescribed by this act.

SEC. 2. Said board shall meet at the office of the county duties, etc. clerk, on the second Monday in January of each year, at ten

o'clock in the forenoon, and having divided the 'territory, in. cluding both the city of Grand Rapids and the townships of Kent county, into five districts, which shall be equal as near as possible with respect to population, shall assign one of such districts to each of said commissioners. They shall also apportion among said commissioners and their respective districts the number of petit jurors to be returned for each of the courts, as provided by this act. Said apportionment, as well as said division of territory into districts for assignment to the respective commissioners, shall be made according to the number of inhabitants of the territory assigned to each commissioner by the last preceding general census taken by this State or the United States: Provided, That in taking an apportionment and return of petit jurors for the circuit court, not less than five jurors shall be apportioned to and returned

for any township or ward. Commission- Sec. 3. Each of said commissioners shall make a list of lists of jurors. names of the number of qualified persons apportioned to his

district, as aforesaid, to serve as petit jurors for the ensuing year for each of the courts of record in Kent county for which jurors are required by law to be summoned. Said lists, as soon as they are made, and prior to the third Monday in January, shall be filed with the county clerk.

SEC. 4. The board of jury commissioners sha meet at the

office of the sheriff on the fourth Monday in January in each jurors.

year, at ten o'clock in the forenoon, and shall proceed to examine the lists of persons returned by each of the said commissioners as aforesaid, and if, in the judgment of said board, the persons whose names were so returned are suitable persons, having the qualifications of jurors and not exempt from service as such, said board shall make therefrom a complete list of persons for each of the courts for which lists of jurors are required to be returned, which list shall be recorded at

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length in the records of said board, and a copy thereof shall be made, certified to be a true list of jurors made by said board, for the court, naming it, for which it is made for the then ensuing year, which certificate shall be subscribed by said com. missioners, or a majority of them, and shall be filed in the office of the clerk of the court for which said list shall be made. If, in the judgment of said board, any of the persons. When names whose names are contained in the list returned by said com- omitted from missioners respectively, are not suitable to serve as jurors, or if they are exempt, or not qualified, such names shall be omitted from the lists required by this section to be made by said board, and in place of the names so omitted, said board shall select from the ward or township from which such name or names shall be omitted, and include in said list made by the board, names of suitable and eligible persons, sufficient in number to complete said list, and if any of said commissioners shall neglect to return the list of names as aforesaid, for his district, as aforesaid, said board shall select and return, in the lists to be made by them, names of suitable and eligible persons sufficient to complete the same. Such lists shall state Lists, what to the township and ward in which the persons returned respect. ively are residents, and if they reside in the city of Grand Rapids, shall state the place of residence by reference to street and house number. The name of the commissioner shall not be returned in said lists.

Sec. 5. The persons whose names shall be returned by said Qualifications board of jury commissioners shall be suitable to serve as jurors. They shall have the qualifications of electors in the town or ward in which they reside, and for which they are returned by said board; they shall be persons of good character, of approved integrity, of sound judgment and well informed, conversant with the English language, in possession of their natural faculties, not infirm or decrepit, and otherwise free from all legal exceptions. No persons shall be returned, or shall be qualified to be or become one of a panel of petit or rand jurors in any court of record in the county of Kent, who, within one year prior thereto has been or acted as a member of a panel of petit or grand jurors, whether summoned on the original panel or added thereto as talesman. in a court of record, except as otherwise provided in section twenty-one, and it shall be the duty of each of said courts, on the return day of the venire, to inquire of the jurors summoned if any of them have served as jurors during the preceding year, and to excuse from service any jurors who have so served. It shall Court to also be the duty of the judges of each of said courts, by special orders to be entered upon the court journal, to cause examination and investigation to be made into the qualifications of each and every juror who shall be summoned as provided by this act, and to direct the manner in which such examination and investigation shall be made; and neither of said courts shall allow any person to be or become one of a panel of petit or grand jurors therein until it shall be made to appear, to the satisfaction of such court, after such examination and

of jurors.

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investigation, that such person has all the qualifications speci. When may

fied 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 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. Number of

Sec. 6. There shall be returned each year, by the said board, jurors to be returned by to serve as jurors in the circuit court of said county, the board.

names of four hundred and fifty persons, who shall be residents 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. Clerk of court Sec. 7. The clerk of the court, in receiving said list, shall to file lists and file it in his office, shall forth with 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

thereon, and deposit and preserve the 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. When old SEC. 8. Before depositing in said jury box the names condestroyed.

tained 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.

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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 com. missioners 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.

Sec. 10. At the time so appointed it shall be the duty of Why to attend said judge, clerk and of the sheriff or deputy sheriff of Kent drawing. 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 forthwitb give notice to such judge and sheriff.

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 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,

SEC. 12. The said minute of the drawing shall then be who to sumsigned by the commissioners and the attending officers, and mon jurors. 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 discharged, under penalty as the court may impose.

Sec. 13. Said venire facias shall be served at least six days Service, how before the term of court therein specified by giving personal notice to each person therein named, or by leaving a written notice at his place of residence, with some person of proper

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age, and return thereof shall be made to said court at its opening, specifying those who were summoned, and the man

ner in which each person was notified. Fine for

Sec. 14. The court to which any list of jurors shall be neglect of juror to

returned shall impose a fine of not exceeding ten dollars for attend.

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 writ. ten 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. Disposal of SEC. 15. The clerk of the court shall destroy the ballots of ballots. 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. When addi- Sec. 16. Whenever for cause petit jurors shall not have been tionah jurors drawn or summoned to attend any term of said court, or a summoned. 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 sum

moned to attend such court. Duty of

Sec. 17. The sheriff, on receiving a list of jurors drawn sheriff.

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 man

ner as in the case of a venire facias. When court Sec. 18. When there shall not be jurors enough present to may cause talesmen to be form a panel in any case, said court may direct talesmen to summoned.

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 num. ber so ordered, and return their names to said court.

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.

Proviso.

When commissioners to make new list.

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