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TITLE III.

Of juries and jury trials in courts of Justices of thc Peace and Justices and other

inferior courts in citics.

$ 373. The town clerk shall, immediately after the selection of jurors by the town officers, furnish to each justice of the peace of the town, on request, a list of the town jurors.

$ 374. The county clerk in counties where there are cities having no town clerk, shall on request furnish to cach justice of the peace in thɔ:2 cities, and to every justice or other officer, authorized to bold a justice's or other inferior court in a ciiy, in which jury trials in civil actions, may be had, a list of the jurors returned for the wards or districts for which such justices are elected or appointed, who have for the preceding year been county jurors, and who are herein designated as town jurors, and shall serve as jurors in those courts for the district or ward for the next year ensuing their service as county jurors.

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§ 375. Each justice shall keep a jury box and prepare and keep ballots for the jury in his court, in the iqanner required of the county clerk for courts of record, containing the names of all the town jurors, to be placed and kept in his jury box until drawn out for the trial of an issue as required by law.

$ 376. A trial by jury must be demanded at the time of joining the issue; and if neither party shall require a jury, they shall be deemed to have waived a trial by jury.

§ 377. When a trial by jury shall be demanded, the justice shall immediately, in the presence of the parties, proceed to draw the names of twelve jurors, from the names of town jurors in his box, in the manner in which the clerk of the county is directed to draw jurors for the trial of issues of fact: and the trial of the cause shall thereupon be postponed, until a time and place to be fixed by adjournment, in the same manner as if a jury had not been drawn; or, if neither party desire an adjournment, then to a time and place to be determined by the justice, or the same day or within the next two days, exclusive of Sunday, a day of election, or the fourth of July.

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$ 378. A list of the jurors so drawn shall be immediately delivered by the justice to any constable of the town or ward, with an order endorsed thereon, directing him to summon the jurors named in the list, to appear as jurors in the action, at the time and place fixed for the trial, and it shall be the duty of the constable to proceed forthwith to summon such jurors, or so many of them, as can be found, according to the order; and he shall make return thereof, at the time

appointed, with his certificate, stating the names of the jurors and the number of miles actually travelled by him in making such service.

§ 379. At the time appointed for the trial, and on the return of the order, if the trial be not further adjourned, and if adjourned, then at the time to which the trial shall be adjourned, the justice shall proceed to draw from the jurors summoned the names of six persons to constitute the jury for the trial of the issue.

380. The ballots containing names of jurors not summoned, if any, and of those summoned, but not drawn, shall be returned by the justice to his jury box, except that the ballots containing the names of such of them as shall be not liable to serve as jurors shall be destroyed.

$ 381. If a sufficient number of competent and indifferent jurors shall not attend, the justice may direct others to be summoned, from the vicinity, sufficient to complete the jury.

§ 382. Six jurors shall constitute a jury in a justice's court, in a city or town, but, by consent of parties, a less number may constitute it.

8383. The ballots, containing the names of the jurors who shall serve on the trial of an issue, shall not be returned to the same box from which they were taken, until all the names have been drawn out. As often as that shall happen, the whole number shall be returned to the box, to be drawn as in the first instance.

$384. Before a party shall be entitled to a jury, he shall deposit with the justice the sum of three dollars, for jury fees : and the justice shall pay to all jurors who attend pursuant to the summons, as well to those who do not actually serve, as to those who shall serve, twenty-five cents each, to be included in the judgment as part of the costs, in case the party demanding the jury shall recover judgment, but not otherwise. The justice shall refund to the party the fees of all jurors who do not attend.

$ 385. No adjournment shall be granted after the return of the jury, unless the party requiring the same shall in addition to the other conditions imposed on him by law, deposit with the justice, to be immediately paid to the jurors attending, the sum of twenty-five cents each, such amount to be in no case included in the judgment, as part of the costs. On such adjournment, the jurors shall attend at the time and place appointed, without further summons or notice, and the

fees for the jury, so deposited with the justice, shall remain in his hands, until the jury are impannelled, and shall be then immediately paid to the jurors, or party entitled thereto.

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