TITLE III. Persons Specially Invested with Powers of a Judicial Nature. Chap. I. JURORS. §§ 190-254. II. COURT COMMISSIONERS. §§ 258,259 CHAPTER I. JURORS. ARTICLE I. JURORS IN GENERAL. II. QUALIFICATIONS AND EXEMPTIONS OF JURORS. IV. OF DRAWING JURORS FOR COURTS OF RECORD. ORD. VII. OF SUMMONING JURORS OF INQUEST. VIII. OBEDIENCE TO SUMMONS, HOW ENFORCED. X. OF IMPANNELING TRIAL JURIES IN COURTS OF RECORD. XI. OF IMPANNELING TRIAL JURIES IN COURTS NOT OF XII. OF IMPANNELING JURIES OF INQUEST. ARTICLE I. JURORS IN GENERAL. 190. Jury defined. 191. Different kinds of juries. 192. Grand jury defined. 193. Trial jury defined. 194. Number of a trial jury. 195. Jury of inquest defined. § 190. A jury is a body of men temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact. Jurors-qualifications and exemptions, secs. 198-202; selecting and summoning, secs. 204-238; impanneling, secs. 241-254. § 191. Juries are of three kinds: 1. Grand juries; 2. Trial juries; 3. Juries of inquest. § 192. A grand jury is a body of men, nineteen in number, returned in pursuance of law, from the citizens of a county, or city and county, before a court of competent jurisdiction, and sworn to inquire of public offense committed or triable within the county, or city and county. Grand jury, impanneling-secs. 241-242. How often drawnConst. Cal. art. 1, sec. 8. § 193. A trial jury is a body of men returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine, by verdict, a question of fact. Trial by jury-secs. 600-619. Verdict-when need not be unanimous, Const. Cal. art. 1, sec. 7. See also, sec. 618. § 194. A trial jury shall consist of twelve men; provided, that in civil actions and cases of misdemeanor, it may consist of twelve, or of any number less than twelve, upon which the parties may agree in open court. Less than twelve-Const. Cal. art. 1, sec. 7; and see 18 Cal. 410. § 195. A jury of inquest is a body of men summoned from the citizens of a particular district before the Sheriff, Coroner, or other ministerial officer, to inquire of partic ular facts. ARTICLE II. QUALIFICATIONS AND EXEMPTIONS OF JURORS. 198. Who competent to act as juror. 200. Who exempt from jury duty. 201. Who may be excused. 202. Affidavit of claim to exemption. § 198. A person is competent to act as juror if he be: I. A citizen of the United States of the age of twentyone years, who shall have been a resident of the State one year, and of the county, or city and county, ninety days before being selected and returned; 2. In possession of his natural faculties, and of ordinary intelligence, and not decrepit; 3. Possessed of sufficient knowledge of the English language; 4. Assessed on the last assessment-roll of the county, or city and county, on property belonging to him. SUBDIVISION 1. Aliens-not competent,, 17 Cal. 322; 51 Cal. 599. Residence, generally-see Const. Cal. art. 2, sec. 4, art. 20, sec. 12; Political Code, sec. 52; 4 Cal. 175; 6 Cal. 410; 7 Cal. 91; 15 Cal. 48; 26 Cal. 162; 31 Cal. 261, 650. Elector-juror formerly had to be-3 Cal. 108. SUBDIVISION 3. 32 Cal. 40. SUBDIVISION 4. 34 Cal. 672. $ 199. A person is not competent to act as a juror: I. Who does not possess tlie qualifications prescribed by the preceding section; or, CODE CIV. PROC.-8. 2. Who has been convicted of malfeasance in office, or any felony or other high crime. 200. A person is exempt from liability to act as a juror if he be: 1. A judicial, civil, or military officer of the United States, or of this State; 2. A person holding a county, city and county, or township office; 3. An attorney-at-law; 4. A minister of the gospel, or a priest of any denomination, following his profession; 5. A teacher in a university, college, academy, or school; 6. A practicing physician, or druggist, actually engaged in the business of dispensing medicines: 7. An officer, keeper, or attendant of an alms-house, hospital, asylum, or other charitable institution; 8. Engaged in the performance of duty as officer or attendant of the State Prison, or of a county jail; 9. Employed on board of a vessel navigating the waters of this State; 10. An express agent, mail-carrier, superintendent, employé, or operator of a telegraph line doing a general telegraph business in the State, or keeper of a public ferry or toll-gate. 11. An active member of the National Guard of California, or an active member of a fire department of any city and county, city, town, or village in this State, or an exempt member of a duly organized fire company who had become exempt from jury duty before the passage of this act; 12. A superintendent, engineer, or conductor on a railroad; or, 13. A person drawn as a juror in any court of record in this State, upon a regular panel, who has served as such within a year; but this exemption shall not extend to a person who is summoned as a juror for the trial of a particular case. Exemption-how claimed, sec. 202. SUBDIVISION 11-Exempt fireman-Political Code, secs. 3339, 3340. § 201. A juror shall not be excused by a court for slight or trivial cause, or for hardship or inconvenience to his business, but only when material injury or destruction to his property, or of property intrusted to him, is threatened, or when his own health, or the sickness or death of a member of his family, requires his absence. § 202. If a person, exempt from liability to act as a juror, as provided in section two hundred, be summoned as a juror, he may make and transmit his affidavit to the clerk of the court for which he is summoned, stating his office, occupation, or employment; and such affidavit shall be delivered by the Clerk to the Judge of the court where the name of such person is called, and if sufficient in substance, shall be received as an excuse for non-attendance in person. The affidavit shall then be filed by the Clerk. ARTICLE III. OF SELECTING AND RETURNING JURORS. § 204. Jury lists, by whom and when to be made. 205. How selection shall be made. 206. Lists to contain how many names. 209. Duty of Clerk; jury boxes. 210. Regular jurors to serve one year. § 204. In the month of January in each year it shall be the duty of the Superior Court in each of the counties of this State to make an order designating the estimated number of grand jurors, and also the number of trial jurors, that will, in the opinion of said court, be required for the transaction of the business of the court, and the trial of causes therein, during the ensuing year; and immediately after said order shall be made, the board of supervisors shall select, as provided in the next section, a list of persons to serve as grand jurors, and also a list of persons to serve as trial jurors, in the Superior Court of said county, during the ensuing year, or until new lists of jurors shall be provided. In cities and counties having over one hundred thousand inhabitants, such selection shall be made by the judges of the Superior Court, or a majority of them if all do not attend. [In effect Jan. 1st, 1882. | § 205. They shall proceed to select and list the grand jurors required by said order of the Superior Court, and then select and list the trial jurors required by said order. Said selections and listings shall be made of persons suitable and competent to serve as jurors, who are assessed on the last preceding assessment roll of such county, or city and county; and in making such selections they shall take the names of such only as are not exempt from serving, who are in possession of their natural faculties, and not infirm or decrepit: of fair character, and approved integrity, and of sound judgment [In effect Jan. 1st, 1882.] |