CHAPTER 68. JUDGES SUPREME COURT. AN ACT Entitled "An Act to Assign the Judges of the Supreme Court of Wyoming Be it enacted by the Council and House of Representatives of the Terri- of the Hon. J. W hereby district. Fisher, first Carey, Hon. J. M. Cahereby resec'nd dis SECTION 1. That Hon. J. W. Fisher, Chief Justice Supreme Court, and his successors in said office, are assigned to the First Judicial District; Hon. Joseph M. Associate Judge, and his successors in said office, are assigned to the Second Judicial District; and Hon. E. A. Thomas, Hon. E. A. Associate Judge, and his successors, are hereby assigned to the district. Thomas, third Third Judicial District. trict. SEC. 2. This act shall take effect and be in force from and In force, after December 31st, 1875. Approved, December 9th, 1875. CHAPTER 69. Who may be jurors. Proviso. fire companies JURIES. AN ACT to provide for Selecting, Summoning and Impaneling Jurors. Be it enacted by the Council and House of Representatives of the Territory of Wyoming : SECTION 1. All male citizens residing in any of the counties of this Territory, having the qualifications of electors, and of sound mind and discretion, and not being judges of the supreme court or district court, clerks of the supreme and district courts, sheriffs, coroners, or jailors, or subject to any bodily infirmity amounting to a disability, and who have not been convicted of a criminal offense, punishable by [the] imprisonment in the penitentiary, and are not subject to disability for the commission of any offense, which by special provision of law, does or shall disqualify them, are and shall be competent persons, to serve on all grand and petit juries within their counties respectively; Provided, That persons over fifty years of age, ministers of the gospel, probate judges, county commissioners, licensed attorneys, practicing physicians, postmasters and carriers of the United States mails, and all employees of any railroad company whose services are liable to be required in prosecuting the business of the road during the term of the court, shall not be compelled to serve as jurors. Members of SEC. 2. There shall also be exempt from serving as jurors, any exempt. person whose name appears as one of the first forty on the roll book of members of any organized fire, or hook and ladder company, in any incorporated city or town, within this Territory. Firemen to furnish copy SEC. 3. The names of persons claiming the benefit of exempof names. tion from jury duty, under the provisions of the preceding section, shall be transmitted to the board of county commissioners for the county where they reside, prior to the time of said commissioners selecting the names of the jury, as herein provided, by the foreman of the respective companies to which said classes of persons belong. Grounds for excuse. Sixty persons SEC. 4. Any person may also be excused from serving on a jury when it shall appear to the court that the interest of such juror, or those of the public, will be materially injured by his attendance, or when the state of his own health, or that of any member of his family requires his absence. SEC. 5. In each of the counties of this Territory wherein a to be selected. district court is appointed or directed to be holden, the county commissioners of the county, shall, at least thirty days before the first day of the session of the court, meet together, or any two of them may meet and select sixty persons, possessing the qualifications prescribed in the preceding section, and as nearly as may be, a proportionate number from each precinct in the county. Persons not to cession. SEC. 6. In making such selection, the board of county com- Kerve two missioners shall not select any of the same persons who actually terms in sucserved as jurors at the preceding term, and if any such persons shall be drawn and returned to serve as petit jurors, it shall be the duty of the court to strike the names of such persons from the list of jurors, and direct the sheriff to fill up the list from among the neighboring citizens, qualified to serve as jurors under the provisions of this act. SEC. 7. Certified lists of the persons so selected to serve as Lists. jurors, shall be placed in possession of the county clerk. ed and names SEC. 8. On receiving such lists, the county clerk shall file the Lists to be filsame in his office, and shall write down the names contained therein to be depositon separate pieces of paper, (so as to conceal the names), of the edin jury-box same size and appearance as nearly as may be, and shall fold up each of such pieces of paper and deposit them in a box to be kept by him for that purpose, to be labelled "jury box." fifteen days SEC. 9. At least fifteen days before any term of the court at To be drawn which a petit jury shall be required by law, or a grand jury before term. ordered by the court, the county clerk of the county where such court is to be held, shall draw from the jury box the names of fifteen persons to serve as grand jurors, and the names of twelve persons to serve as petit jurors. days before SEC. 10. At least five days before the drawing of such jurors Notice five the county clerk shall give notice to the sheriff and two justices drawing. of the peace of said county, of the day and hour when such drawing will take place. officers SEC. 11. At the time so appointed, it shall be the duty of the At least two sheriff of the county, in person, or by his under sheriff, and the peers to be justices aforesaid, to attend at the county clerk's office of the county, to witness such drawing, and if any two of said officers shall attend at the time and place appointed, the clerk shall proceed in their presence to draw the jurors. SEC. 12. If two of the officers so notified do not appear, the Adjournment county clerk shall adjourn the drawing of such jurors until the next day, and shall by written notice, require any justice of the county to attend such drawing on the adjourned day. SEC. 13. If, at the adjourned day, any two of the officers Clerk to draw, notified to attend the drawing of such jurors, shall appear, but not when. otherwise, the county clerk shall proceed, in the presence of the Manner of officers so appearing, to draw the jurors. SEC. 14. The county clerk shall conduct such drawing as fol lows: First, He shall shake the box containing the names of jurors returned to him, from which jurors are required to be drawn, 80 as to mix the slips of paper upon which such names were written, as much as possible; drawing. County clerk to conduct the drawing. Names to be slips of paper. written on To be Second, He shall then publicly draw out of the box as many of publicly Minute of drawing to be kept. Whole num ber of grand rors. said slips of paper containing such names, as shall be required by law, or specially ordered by such court; Third, A minute of the drawing shall be kept by one of the attending officers, in which shall be entered the names contained on every slip of paper so drawn, before any other slip of such kind shall be drawn: Fourth, If, after the drawing the whole number required for and petit ju- grand and petit jurors, the name of any person shall appear to have been drawn who is dead, or become 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 shall be made in the minute of the drawing, and the slip of paper containing such name shall be destroyed; Drawing to be signed. issued Order Jurors to be served five term. Fifth, Another name shall be drawn in place of that contained on the slip of paper so destroyed, which shall in like manner be entered in the minute of the drawing; Sixth, The same proceedings shall be had as often as may be necessary, until the whole number of jurors required shall have been drawn ; Seventh, The minute of the drawing shall then be signed by the clerk and the attending officers, and filed in the clerk's office; Eighth, Separate lists of the names of the persons so drawn for petit jurors, with their place of residence, and specifying for what court they were drawn, shall be made and certified by the clerk and the attending officers, to the clerk of the court for which they were drawn. SEC. 15. The clerk of the court shall, within one day after receiving the list so drawn, issue an order to the sheriff, deputy sheriff, or coroner, as the case may be, commanding him to summon the persons whose names are drawn to appear before the district court, at, or before the hour of eleven o'clock on the morning of the first day of the term, stating in the order, the day of the week and month, and the place of the sitting of the court, to serve as grand jurors, and a like order commanding the sheriff, deputy sheriff or coroner, to summon the petit jurors. SEC. 16. The sheriff, deputy sheriff or coroner, having received days before the order shall, at least five days before the first day of the session of the court, serve upon each person whose name was selected and drawn as grand juror, a true copy of the command, except that the copy shall contain only the name of the grand juror served, and not the name of any other grand juror, and the sheriff, deputy sheriff or coroner, shall, at least five days before the first day of the session of the court, in like manner, summon each person whose name was selected and drawn as petit juror, and such service shall be made by reading or delivering the copy to the person to be summoned, or by leaving the copy at his residence. Each juror to SEC. 17. Each grand juror and petit juror summoned, shall time specified. appear before the court on the day, and at the hour specified in the summons, and shall not depart without leave of court. appear at the Return. SEC. 18. The sheriff, deputy sheriff or coroner, having received the order of service issued by the clerk, shall make return thereof with his proceedings to the clerk, before the session of the court. comm'rs to se SEC. 19. If any person summoned to appear as grand juror or Failure to appetit juror, fails, refuses, or neglects to appear, such person shall pear. be considered guilty of contempt of the court, and may be fined by the court in any sum not less than five dollars nor more than fifty dollars, and if any person when a second order or attachment is issued, neglects or refuses to appear, such person may be fined as above provided, and imprisoned by the court, not longer than ten days in the county jail, and if the county commissioners in any county neglect and fail to select and furnish to the clerk the Failure of co. names of persons as hereinbefore provided, such person so offend- lect. ing may be fined by the court not less than five dollars nor more than fifty dollars, and if any clerk of the district court, or deputy clerk, or sheriff, deputy sheriff or coroner, neglect or fail to perform the duties imposed by this act, the person so offending shall be considered guilty of contempt of court, and may be fined by the court, not less than five dollars nor more than fifty dollars, and if guilty of gross misconduct in office, and contempt, may be imprisoned by the court not longer than thirty days in the county jail. SEC. 20. If a sheriff or other officer corruptly or through favor, Corrupt neor ill-will, summon a juror with the intent that such juror shall tion of sheriff. find a verdict for or against either party, or shall summon a grand juror from like motive, with intent that such grand juror shall, or shall not, find an indictment or presentment against any particu lar individual, he shall be fined not exceeding five hundred dollars, and forfeit his office, and be forever disqualified from holding any office in this Territory. complete. SEC. 21. Whenever at any general or special term of the district Panel not court, or at any period during such term for any cause, the panel of grand or petit jurors is not complete, the court may order the proper officer to summon without delay, good and lawful men from the body of the county, to complete the panel. SEC. 22. When, for any cause, there is no panel of grand or No panel. petit jurors, the court may order the county clerk, or his deputy, together with the probate judge, or a justice of the peace, to furnish the clerk of the court with forty names, or if there is to be a panel of both grand and petit jurors, then sixty names of persons qualified as jurors, and the clerk of the court shall immediately write [and put the names so written] into a box, and after well mixing the same, he and the sheriff or coroner shall draw by chance the requisite number of names. If both grand and petit jurors are to be drawn, the first names drawn shall constitute the grand jury; the clerk shall thereupon issue to the sheriff or coroner, a venire for said jurors. Formation of Juries in Civil Cases. formed. SEC. 23. When the action is called for trial by jury, the clerk Jury, how shall prepare separate ballots containing the names of the jurors summoned, who have appeared and not been excused, and deposit them in a box. He shall then draw from the box twelve names, and the persons whose names are drawn, shall constitute the jury. If the ballots become exhausted before the jury is complete, or if from any cause a juror or jurors be excused or discharged, the sheriff shall summon, under the direction of the court, from the |
