ARTICLE V. MANNER OF SUMMONING JURORS FOR COURTS OF RECORD. SECTION 225. Sheriff to summon jurors, how. 226. Court may order jury drawn, when. 227. When jury may be completed from the body of the county. summon how. 225. As soon as he receives the list of jurors Sheriff to drawn, the Sheriff must summon the persons named jurors, 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. order jury when. 226. Whenever jurors are not drawn and sum- Court may moned to attend any Court of record, or a sufficient drawn,. number of jurors fail to appear, such Court may, in its discretion, order a sufficient number to be forthwith drawn and summoned to attend such Court; or it may, by an order entered on its minutes, direct the Sheriff of the county forthwith to summon so many good and lawful men of his 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. 227. When there are not competent jurors enough present to form a panel, the Court may direct the Sheriff or other proper officer to summon a sufficient number of persons, having the qualification of jurors, to complete the panel, from the body of the county and not from the bystanders, and the Sheriff must summon the number so ordered, accordingly, and return the names to the Court. When jury completed may be from the body of the county. Jurors for Police and Justices' Courts, by whom summoned. How summoned. Officer's return. ARTICLE VI. MANNER OF SUMMONING JURORS FOR COURTS NOT OF RECORD. SECTION 230. Jurors for Police and Justices' Courts, by whom sum moned. 231. How summoned. 232. Officer's return. 230. When jurors are required in any Police or Justice's Court, they must, upon the order of the Judge or Justice thereof, be summoned by the Sheriff, Marshal, Policeman, or Constable of the jurisdiction. 231. Such jurors must be summoned from the persons resident of the city or township, competent to serve as jurors, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required. 232. The officer summoning such jurors must, at the time fixed in the order for their appearance, return it, with a list of the persons summoned indorsed thereon. How summoned. ARTICLE VII. MANNER OF SUMMONING JURIES OF INQUEST. SECTION 235. How summoned. 235. Juries of inquest must be summoned by the officer before whom the proceedings are had, or any Sheriff, Policeman, or Constable, from the persons resident of the county competent to serve as jurors, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required. ARTICLE VIII. OBEDIENCE TO SUMMONS, HOW ENFORCED. SECTION 238. Obedience to summons, how enforced. to sum mons, how enforced. 238. Any juror summoned who willfully, and with- Obedience out reasonable excuse, fails to attend, may be attached and compelled to attend, and the Court may also impose a fine not exceeding one hundred dollars, upon which execution may issue. If the juror was not personally served, the fine must not be imposed until, upon an order to show cause, an opportunity has been offered the juror to be heard. ARTICLE IX. OF IMPANELING A GRAND JURY. SECTION 241. Grand Jury, when to be impaneled. 242. Grand Jury, how constituted. 243. Jury to be impaneled as prescribed in Penal Code. Jury, when 241. At the opening of each regular term of the Grand County Court (unless otherwise directed by the Judge), to be and as often thereafter as to the Judge may seem proper, a Grand Jury may be impaneled. impaneled. Jury, how 242. When, of the jurors summoned, not less than Grand thirteen nor more than fifteen attend, they shall con- constituted stitute the Grand Jury. If more than fifteen attend, the Clerk must call over the list summoned, and the fifteen first answering shall constitute the Grand Jury. If less than thirteen attend, the panel may be filled to fifteen as provided in Section 226. 243. Thereafter such proceedings shall be had in impaneling the Grand Jury as are prescribed in Part II of THE PENal Code. Jury to be as pre impaneled scribed in Penal Code Clerk to call list of jurors summoned, etc. Jury to be impaneled as prescribed in Part II. ARTICLE X. OF IMPANELING TRIAL JURY IN COURTS OF RECORD. SECTION 246. Clerk to call list of jurors summoned, etc. 247. Jury to be impaneled as prescribed in Part II. 246. At the opening of Court, on the day trial jurors have been summoned to appear, the Clerk must call the names of those summoned, and the Court may then hear the excuses of jurors summoned. The Clerk must then write the names of the jurors present and not excused, upon separate slips or ballots of paper, and fold such slips so that the names are concealed, and then, in the presence of the Court, deposit the slips or ballots in a box, which must be kept sealed until ordered by the Court to be opened. 247. When thereafter an action is called for trial by the Court, such proceedings shall be had in impaneling the trial jury as are prescribed in Part II of this Code. Proceedings in forming jury in Courts not of record. How impaneled. ARTICLE XI. OF IMPANELING A TRIAL JURY IN COURTS NOT OF RECORD. SECTION 250. Proceedings in forming jury in Courts not of record. 251. How impaneled. 250. At the time appointed for a jury trial, in Police or Justices' Courts, the list of jurors summoned must be called, and the names of those attending must be written upon separate slips of paper, folded so as to conceal the names, and placed in a box, from which the trial jury must be drawn. 251. Thereafter, if the action is a criminal one, the jury must be impaneled as provided in THE PENAL CODE. If a civil one, as provided in Part II of this Code. ARTICLE XII. OF IMPANELING JURIES OF INQUEST. SECTION 254. Mode and manner of impaneling. manner of 254. The mode and manner of impaneling juries Mode and of inquest are provided for in the provisions of the dif- impanelferent Codes relating to such inquests. ing. CHAPTER II. OF COURT COMMISSIONERS. SECTION 258. Court Commissioners, how appointed. 259. Powers of Court Commissioners. missioners, appointed. 258. The District Courts may appoint, for each Court Comcounty of their respective districts, a Commissioner, how to be designated as "Court Commissioner" of the county. If portions of a single county are assigned to different districts, then a Commissioner may be appointed to reside in each portion of the county thus assigned. 259. Every such Commissioner has power: 1. To hear and determine ex parte motions for orders and writs (except orders or writs of injunction) in the District and County Courts of the county for which he is appointed; 2. To take proof and report his conclusions thereon, as to any matter of fact (other than an issue of fact raised in the pleadings), upon which information is required by the Court; but any party to the proceedings may except to such report within four days after written notice that the same has been filed, and may argue his exceptions before the Court, on giving notice of motion for that purpose; 3. To take and approve bonds and undertakings whenever the same may be required in actions or pro Powers of missioners. Court Com |