207 of said code is repealed. [In effect May 1, 1876.]

207. In making such selection, the board must not select any of the same persons who actually served as jurors at any term of court during the preceding year; and if such persons are drawn and returned to serve as trial jurors, it will 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 competent to serve as jurors; and in counties having ten thousand or more inhabitants, it shall be a good cause of challenge that any trial juror, whether on the regular panel or taken from among the bystanders, has served as a trial juror at any time within the year next preceding the making of the list of persons to serve as jurors as Ó 209. On receiving such lists, the clerk must file the same in his office, and write down the names centained therein on separate pieces of paper, of the same size and appearance, and fold each piece so as to conceal the name thereon, and 76in the city and county of San Francisco, he shall deposit the pieces having on them the names of persons selected to serve as grand jurors, in a box to be called the "grand jury box," and those having on them the names of persons selected to serve as trial jurors, in a box to be called the trial juror box," and in the other counties of the state he shall 76 deposit the said pieces in a box to be called the "jury box." [In effect May 1, 1876.]

persons are selected and returned.

66

§ 211. (N. S.) 76In the city and county of San Francisco, the names of persons for grand jurors shall be drawn from the "grand jury box," and the names of persons for trial jurors shall be drawn from the trial jury box," and, in the other counties of the state, the names of persons, whether for grand jurors or trial jurors, shall be drawn from the "jury box."76 [In effect May 1, 1876.]

SECTION 214. Jury to be drawn upon the order of the judge.

215. Clerk to notify county judge and sheriff of time of

drawing.

216. Sheriff and judge to witness drawing.

217. Drawing, when to be adjourned.

SECTION 218. Shall proceed, when.

219. Drawing, how conducted.

220. After adjournment of court, disposition-to-be made
of ballots

214. Before the coinmencement of any term of court the judge thereof, if a jury will be required therefor, must make and file with the county clerk an order that one be drawn. The number to be drawn must be named in the order. If to form a grand jury, it must be not less than twenty-five, and not more than thirty76; and if to form a trial jury, such number as the judge may direct; 74and the time must be designated at which the drawiug will take place4. [In effect May 1, 1876.]

Ø 215. At least one day before the drawing, the clerk must notify the sheriff and county judge of the time when such drawing will take place, which time must not be more than three days after the receipt by him of the order for such draw

ing. 46, 487

§ 216. At the time so appointed, the sheriff, in person or by deputy, and the county judge, must attend at the county clerk's office, to witness such drawing, and if they do so, the clerk must, in their presence, proceed to draw the jurors.

§ 217. If the officers so notified do not appear, the clerk must adjourn the drawing until the next day, and, by written notice, require two electors of the county to attend such drawing on the adjourned day.

218. If, at the adjourned day, the sheriff, county judge and electors, or any two of such persons, appear, the clerk must in their presence proceed to draw the jurors.

219. The clerk must conduct such drawing as follows: 1. He must shake the box containing the names of jurors returned to him, from which jurors are required to be drawn, so as to mix the slips of paper upon which such names were written, as much as possible.

2. He must then publicly draw out of the box as many such slips of paper as are ordered by the judge.

3. A minute of the drawing must be kept by one of the attending officers, in which must be entered the name contained on every slip of paper so drawn, before any other slip is drawn.

4. If, after drawing the whole number required, the name of any person has been drawn who is dead or 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 must be made in the minute of the drawing, and the slip of paper containing such name must be destroyed.

5. Another name must then be drawn, in place of that contained on the slip of paper so destroyed, which must, in like manner, be entered in the minutes of the drawing.

6. The same proceedings must be had as often as may be necessary, until the whole number of jurors [required are drawn.

7. The minute of the drawing must then be signed by the clerk and the attending officers or persons, and filed in the clerk's office.

8. Separate lists of the names of the persons so drawn for trial jurors, and of those drawn for grand jurors, with their places of residence, and specifying for what court they were drawn, must be made and certified by the clerk and the attending officers or persons, and delivered to the sheriff of the county.

at of onv court at which jurors

220. 76After a drawing of persons to serve as jurors, the clerk must preserve the ballots drawn; and, at the close of the term of the court for which the drawing was had, must replace in the box from which they were taken, all ballots which have on them the names of persons who did not serve as jurors for the term, and who were not excused because they were exempt or incompetent76. [In effect May 1, 1876.]

424

therefor, and paying the fees allowed by law
copy of the list of jurors drawn to attend any court.

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 bystanders.

$ 225. As soon as he receives the list of jurors drawn, the sheriff must summon the persons named 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, spccifying the names of those who were summoned and the manner in which each person was notified.

9 Cal. 529.

$226. Whenever jurors are not drawn and summoned to attend any court of record, or a sufficient 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 orde. 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. 2.0.288

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 sher. iff must summon the number so ordered, accordingly, and return the names to the court. 1483.

4 Cal. 218.

Ó 228. (N. S.) 76An elisor who shall, by the order of a court of record, summon persons to serve as jurors, shall be entitled to a reasonable compensation for his services, which must be fixed by the court, and paid out of the county treasury.76 [In effect May 1, 1876.]

ARTICLE VI.

MANNER OF SUMMONING JURORS FOR COURTS NOT OF RECORD.

SECTION 230. Jurors for police and justices' courts, by whom sum

$230.

When jurors are required in any police or justices' 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.

Ó 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.

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.

C. C. P.-7