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An Act in relation to Jurors.
SECTION 1. What persons liable to serve as jurors. 9. Penalty on officer for neglect. 2. Who exempted.
10. Courts may issue writs of venire. 3. Jurors to be drawn by town council. 11. Penalty on juror for non-attendance, - Manner of proceeding:
&c. 4. Same subject-persons drawn, if ex 12. Fines and penalties, how collected. cusable, &c.
13. Jurors' fees. 5. Persons drawn to be notified by town- 14. Jurors' person and estate protected.
sergeant or constable when to attend. 15. No cause of challenge that juror be6. Jurors for supreme court to be first longs to town which may be benefitdrawn, &c.
ted by penalty in dispute. 7. Number of grand and petit jurors to 16. Party knowing objection to juror shall be drawn in the several counties.
state it before jury is empannelled, &c. 8. Penalty on council for neglect of duty.
It is enacted by the General Assembly, as follows:
Section. 1. All persons who are qualified to vote upon any proposition to impose a tax, or for the expenditure of money in any town, shall be liable to serve as jurors, except as is herein after provided.
Sec. 2. The following persons shall be exempted from serving as jurors, viz: the governor, lieutenant governor, attorney general, justices of the state and United States courts, clerks of courts, sheriffs, deputy sheriffs, town sergeants and constables, the marshal of the district and his deputies, ministers of the gospel, practising attornies, physicians and surgeons, president, professors, tutors, librarian, registrar and students of Brown University, cashiers of banks, school-masters, town clerks, revenue officers of the United States, one ferry-man to each ferry who usually navigates the boat, postmasters, post-riders, one miller to each grist-mill who usually tends the same, the keepers of asylums for the poor in the several towns, all persons over sixty-five years of age, all members of the fire engine, hydraulion, hose and fire-hook and ladder companies in the city of Providence, all members of similar companies in other towns which shall be elected members thereof by such towns, and all members of private incorporated companies for similar purposes in other towns, who shall be exempted by their several charters, so long as such persons continue members of such companies.
Sec. 3. The town council of each town shall in the month of April in every year make a list of such persons inhabiting the town, not exempted as aforesaid, as they shall think well qualified to serve as jurors, being persons of good moral character, of sound judgment, and free from all exceptions. The name of each of these persons shall be written on a separate piece of paper and placed in a box provided for that purpose
by each town, which box shall be delivered to the town clerk, to be by him kept locked. The town council of each town shall at a meeting thereof, not more than six weeks previous to each term of the supreme court and court of common pleas in the county, draw from said box the names of so many persons as such town is or shall be required to send for grand and petit jurors to such court.
Sec. 4. When the name of any person who is sick, out of the state, or exempted from serving as a juror, shall be drawn out, it shall be returned again into the same box and another drawn in his room. In case any drawn juror shall be excused by the court for which he is drawn, on the first or second day of the term, the clerk of such court shall, as soon as may be, give notice thereof to the town clerk of the town from which he came, and his name shall be returned into the same box. The names of all persons drawn as jurors, except as aforesaid, shall be put into another box provided for that purpose by each town, and kept locked by the town clerk, until the names in the first box shall be all drawn out, when the whole shall be returned into the first box.
Sec. 5. Immediately upon drawing jurors for any court the town council of each town shall issue a notification, under the seal of the council and hand of the clerk, to the persons so drawn, designating therein who are grand and who are petit jurors, and requiring them, except as is herein after provided, in the name of the state to attend the court for which they are drawn jurors, at a day and hour named therein, which shall be nine of the clock in the forenoon of the second day of the term ; which notification shall be served by the town sergeant or one of the constables of such town, six days at least before the time at which they are required to appear, by reading the same in the presence and hearing of each of said persons, or by leaving a true and attested copy thereof at his last and usual place of abode ; which notification when served shall be returned by the officer serving the same to the clerk of the court for which such jurors were drawn, before or at the opening of said court on the second day thereof; and the said sergeant or constable shall be paid twenty-five cents out of the town treasury for warning each person.
Sec. 6. When jurors for the supreme court and for the court of common pleas are to be drawn at the same session of the council, those for the supreme court shall be first drawn, and grand jurors shall be drawn before petit jurors.
Sec. 7. There shall be drawn in the county of Newport for the supreme court, when holden in said county, and for the court of common pleas in said county, thirteen grand jurors and sixteen petit jurors, that is to say; by the town of Newport, four grand and six petit jurors; Portsmouth, two grand and three petit jurors ; Jamestown, one grand and one petit juror; Middletown, two grand and two petit jurors ; Tiverton, two grand and two petit jurors ; Little-Compton, two grand and two petit jurors, for each of said courts. There shall be drawn in the county of Providence, thirteen grand and twenty-four petit jurors, that is to say ; Providence, one grand and five petit jurors; Smithfield, three grand and four petit jurors; Scituate, one grand and three petit jurors; Glocester, one grand and two petit jurors; Cumberland, one grand and two petit jurors; Cranston, two grand and two petit jurors; Johnston, one grand and two petit jurors; North-Providence, one grand and two petit jurors; Foster, one grand and one petit juror ; and Burrillville, one grand and one petit juror for each of said courts. There shall be drawn in the county of Washington, thirteen grand and sixteen petit jurors, that is to say ; Westerly, two grand and two petit jurors ; North-Kingstown, two grand and two petit jurors; South-Kingstown, four grand and four petit jurors; Charlestown, one grand and two petit jurors ; Exeter, two grand and two petit jurors ; Richmond, one grand and one petit juror ; Hopkinton, one grand and two petit jurors, for each of said courts. There shall be drawn in the county of Bristol, thirteen grand and thirteen petit jurors, that is to say ; Bristol, seven grand and six petit jurors; Warren, three grand and four petit jurors; and Barrington, three grand and three petit jurors, for each of said courts. There shall be drawn in the county of Kent, thirteen grand and fifteen petit jurors, that is to say; East Greenwich, four grand and three petit jurors ; Warwick, three grand and five petit jurors; West-Greenwich, three grand and two petit jurors; and Coventry, three grand and five petit jurors for each of said courts.
Sec. 8. Any town council who shall neglect to make a list of persons liable to do duty as jurors, as provided in the third section of this act, or shall neglect to draw jurors as provided in the said section of this act, or shall neglect to issue a notification to persons drawn as jurors, as required in the fifth section of this act, or shall draw as a juror any person exempted from serving as juror, according to the second section of this act, shall forfeit for each and every offence, the sum of twenty dollars for the use of the state.
Sec. 9. Any officer charged with any notification to any persons drawn as jurors, who shall neglect to serve and return the same according to the provisions of the fifth section of this act, shall forfeit for each and every offence, the sum of twenty dollars for the use of the state.
Sec. 10. The supreme court and the court of common pleas, in term time, may issue writs of venire for additional jurors, whenever it shall be found necessary for the convenient despatch of their business ; such writs to be served and returned, and the jurors required to appear at such times as shall be prescribed in such writs.
Sec. 11. Any person who shall be notified to attend any court as a juror, as prescribed in the fifth section of this act, or who shall be returned on any venire in pursuance of the tenth section of this act, and who shall not attend as therein required, or shall afterward absent himself, or neglect to appear according to the directions of the court, shall forfeit for every offence, the sum of twenty dollars for the use of the state.
Sec. 12. All fines incurred by jurors and persons returned or notified as jurors, under this act, shall be levied and collected by warrant of distress from the court, directed to the sheriff or his deputy, of the county in which such person dwells or his estate is to be found. “All other fines and penalties imposed by this act shall be recovered by complaint or information before the court for which the jurors were, or should have been drawn.
Sec. 13. Each grand and petit juror who shall attend the supreme court or any court of common pleas shall be allowed one dollar per day for his attendance thereon, and four cents per mile for his actual travel going, and four cents per mile returning, if over one mile. If either of said courts shall adjourn or dismiss all the jurors summoned and attending for one day or more, exclusive of Sundays, the jurors shall be allowed travelling fees at the above rate; and, in the discretion of the court, they shall be allowed for their travel and attendance whenever the general assembly shall by special act adjourn any court, if they attend in pursuance of their notification without knowing of such adjournment.
Sec. 14. The person and estate of every drawn juror attending any court in this state, shall be free and exempt from all process in any civil action during the sitting of the court for which he was drawn, if not dismissed before, and for three days before the time he was required to appear, and for the three days next after he is discharged. Jurors taken on ve
nire and attending court shall enjoy the same exemptions from the time they shall be required to appear, until the expiration of the three days after they shall be discharged. The service of all process contrary hereto shall be absolutely void
SEC. 15. In complaints, indictments and penal actions, for the recovery of any sum of money or other thing forfeited, it shall not be cause of challenge to a juror that he resides or is liable to pay taxes in any town which may be benefitted thereby.
Sec. 16. If a party know of any objection to a juror before the jury are empannelled in his cause, and omits to suggest it to the court, he shall not afterwards make the same objection, unless upon express leave of the court.
An Act authorizing and regulating the taking of Depositions.
SECTION 1. Who may take depositions.
9. Depositions unduly taken not to be 2. Governor may appoint a commissioner used as evidence.
in each of the United States to take 10. Depositions taken out of the state, how depositions.
and by whom to be taken in order to 3. Depositions taken before such com be used as evidence.
missioners of same effect as though 11. Supreme court and court of common taken by an officer in this state.
pleas may grant commissions to take 4. Commissioners before acting as such testimony
to file in secretary's office, in this 12. Judges of supreme court and court of state, a certificate of their being sworn common pleas may take depositions in on their commissions.
perpetual memory to be used in cer5. Adverse party to be notified how, when tain cases.
and in what manner, before any depo- 13. Formalities to be observed in taking sition shall be taken.
depositions in perpetual memory. 6. Depositions how to be taken and re- 14. Depositions taken during sitting of turned.
court not to be used as evidence, if 7. Adverse party to be notified when de taken within 100 miles.
positions are taken within 100 miles 15. Depositions may be taken to be used of place where court sits.
out of the state by any commissioner 8. Depositions when taken according to appointed for that purpose.
this act to be used by party taking them, or other party may use copies of them.
It is enacted by the General Assembly, as follows :
SECTION 1. It shall and may be lawful for any justice of the supreme court, justice of the court of common pleas, justice of the peace or public notary, to take the deposition of any witness to be used in the trial of any civil suit or action in which he is not interested, nor of counsel nor the attorney of either party, and which shall then be commenced or pending in this state or in any other state or government.
Sec. 2. The governor may appoint in each of the United States one or more commissioners under the seal of this