Art. 88, s. 12. 1780, c. 10, s. 2. to day, and not depart there from without the leave of the said court; and if the person so arrested cannot give bail bond, he shall be taken before a justice of the peace, to be dealt with according to law. 34. Such bail-bond shall be taken in the name of the State, and How to be taken shall be returned to the court to which such writ is returnable, on the first day thereof. and returned. Id. s. 13. 1793, c. 60, s. 1. Amercement. Judgment. Id. s. 14. 1793, c. 60, s. 2. Imposing of amercements. 35. When a sheriff shall return any person arrested upon criminal process, either mesne or final, and shall fail to bring such person into court, and shall be amerced, the court may, in the name of the State, for the use of the State, or such person as may be interested, on motion of the State's attorney, direct judgment to be entered against such sheriff for the sum for which he shall have been amerced; or for the fine, penalty, or forfeiture, and costs for which judgment may have been entered against the person so arrested, which judgment shall have the same effect as if rendered on verdict. 36. The court, in imposing such amercements, shall govern themselves by such principles as under all circumstances shall appear to them to be reasonable, taking care to keep the public indemnified from all costs and charges. Art. 88, s. 60. CUSTODY OF PRISONERS. 37. The sheriff shall safely keep all persons committed to his 1801, c. 62, s. 5. custody by lawful authority, until such persons are discharged by 1794, c. 54, s. 8; To keep prisoners. Id. s. 62. 1825, c. 41. To provide food, cines for prisoners. Expense, how paid. Id. s. 63. due course of law. 38. He shall provide food and board for all prisoners committed to his charge, and such food and other articles for the comfort of board and medi- sick prisoners as the physician tending such prisoners may deem necessary, the expense of which shall be paid by the county or city. 39. The sheriffs shall receive and safely keep in their respective jails, all persons committed under the authority of the United States, 1822, c. 221, s. 2. until they shall be discharged by the due course of the laws thereof, in the same manner and under the like penalties as if such persons were committed under the authority of this State, and the sheriff shall be entitled to receive the sum of thirty cents per day for keeping and supporting each prisoner so committed, to be paid by the United States. 1789, c. 30, s. 2; To receive United States prisoners. Pay. Id. s. 32. 1809, c. 138, 8. 27. Removal of con tiary. 30 Md. 575. 40. Every person convicted in any court of this State, and sentenced to undergo a confinement in the penitentiary, shall as victs to peniten- soon as possible after conviction be safely removed by the sheriff of the county where such conviction took place, and at the expense of such county, to the penitentiary; and every sheriff failing to comply with the provisions of this section, shall forfeit one thousand dollars. EXECUTING DEATH WARRANT. 1795, c. 82, s. 1. To execute 41. The sheriff shall execute the sentence of death pronounced Art. 88, s. 31. against any criminal by the judgment of any court of this State, whenever he is authorized to do so by the warrant of the governor. FINES AND PENALTIES. sentence of death. Art. 88, s. 55. when answer 1795, c. 74, s. 7. 42. The sheriff shall be answerable for all fines, penalties, and forfeitures imposed on the inhabitants of his county by any court of record of this State, unless he can show that the party on whom penalties and the same was imposed is insolvent. able for fines, forfeitures. 1795, c. 74, s. 7; May require 43. He may require the State's attorney to issue an execution Id. s. 56. for all fines, penalties, or forfeitures so imposed and the costs; pro- 1828, c. 11, s. 1.' vided, that any person adjudged to pay a fine or penalty may enter State's attorney into a recognizance with security for the payment of the same and to issue execucosts, within sixty days, and no execution shall issue for the same until the expiration of the sixty days. 44. All such executions shall be returnable at the next term succeeding the issuing thereof, and if the sheriff returns that he has taken the person against whom such execution issued, he must produce the body of the person so taken, or acknowledge in open court the receipt of the fine, penalty, or forfeiture and the costs thereon, unless he can show the defendant was released from his custody under the insolvent laws. tion for same. Id. s. 57. 1795, c. 74, s. 4. Executions, when return 1795, c. 74, ss. 3, 6. treasurer. 45. All fines, forfeitures, penalties, and costs imposed as afore- Id. s. 58. said, are to be paid to the sheriff, who shall pay the same, except Sheriff to pay the costs, to the treasurer, on or before the tenth of November in fines, etc., to each year, and the costs to the persons entitled to receive them; provided, when any person is entitled to any part of a fine, for- Part paid to feiture, or penalty as informer or otherwise, the same shall be paid by said sheriff to such person. 46. The sheriff shall deduct from each recognizance which may be forfeited and by him collected, the costs incurred by the county or city in which such recognizance may have been taken, and pay over the same to the clerk of the court in which the recognizance was forfeited, to be by him accounted for to the county commissioners of the county, or the mayor and city council of Baltimore, as the case may be, and the said clerks shall each state such costs in the return by him made to the comptroller. informer. Id. s. 59. 1795, c. 74, s. 6; Costs on nizance. ARTICLE LXII. JURIES. SELECTING, DRAWING, AND SUMMONING JURIES IN THE COUNTIES. 1. Clerks of county commissioners to make 2. Judges of Circuit Courts to select from 3. Mode of drawing in Baltimore county; 4. Judge of the court to have charge of the 5. Who shall be the grand and petit jurors. 7. Ballot-box to be emptied. 16. What applicable to certain criminal cases. 18. Peremptory challenge in criminal cases. 17. Aliens tried by citizens. PAY AND MILEAGE. 19. Pay and mileage of jurors. FORCIBLE ENTRY AND DETAINER. 20. Pay in forcible entry and detainer; attachment and fine. GRAND JURY TO VISIT JAIL. 21. Grand jury to visit jail and report. SUMMONING JURIES. 1870, c. 410, s. 1. commissioners to make out list of white taxable males. 22. Failure of sheriff to summon jurors; how 23. How summoned by deputy. SELECTING, DRAWING, AND SUMMONING JURORS IN THE COUNTIES. 1. It shall be the duty of the clerk of the county commissioners Clerks of county for each of the counties of this State, to make out and file with the clerks of the Circuit Courts for said counties, not less than twenty days before the beginning of the second regular term of said courts after each and every general election held thereafter, a fair and complete list of the white male taxable inhabitants or residents of said county, whose names appear on the tax-books of said county, and who are not known to said clerk to be under the age of twentyfive years, and to which said lists so to be made and filed, the said clerks respectively shall append a certificate, that said list is fully 1868, c. 118; 1870, c. 96, 220, 1878, c. 108. cuit Courts to 331; 1876, c. 353; Judges of Cir select from lists. 34 Md. 298. 2. It shall be the duty of the judges of the Circuit Courts for each of the counties, not less than fifteen days before the commencement of each term of the court at which jurors are required to attend, in the presence of such practicing members of the bar of said court as shall think proper to attend, notice of the time and place having been first given to said bar through the criers of said courts, to proceed to select from the lists last furnished by the clerks of the county commissioners, provided for in the preceding section, and from the poll-books of the several election districts of said counties, that shall be returned and filed in the clerk's office of said courts after any general election that may be last held previously to such selection, a panel, to consist of the names of two hundred persons in the sev- Panel. eral counties of Baltimore, Washington, Montgomery, Allegheny, Carroll, Frederick, Anne Arundel, Prince George, Harford, Cecil, Dorchester, and of one hundred and fifty persons in the several counties of Howard, Worcester, Somerset, Charles, Calvert, St. Mary's, Kent, Queen Anne's, Caroline, Talbot, Garrett, and Wicomico, to be fairly and impartially selected of the age aforesaid, by the said judges, with special reference to the intelligence, sobriety, and integrity of such persons, and without the least reference to their political opinion; and of the names of such persons, when so selected, a list shall be made, and a certificate thereto appended by Certificate. the said judges, that the said list of names has been duly selected in conformity with and according to the spirit and intent of this act, and which said lists and certificates shall be filed with the clerks of the said courts, and by them preserved as other proceedings of the said courts are kept. Mode of draw 3. When said list of names, selected as directed in the preceding 1870, c. 220, 331. section, is made and certified as therein provided for, immediately ing thereupon the said judges of the said respective courts, in the presence of the members of the bar, as aforesaid, and such other persons as may think proper to be present, shall cause all the names selected and placed on the list, as aforesaid, to be legibly written upon ballots, which shall be of equal size, and of the same color and appearance, and shall be closely rolled or folded, and in each of the counties, except Baltimore county, placed by the said judges with their own hands immediately before the drawing herein provided for, into a cubiform box with a sliding top, of the square of eight inches, to be Drawing of names from box. ing in Baltimore county. procured for that purpose by the clerk of said court, under the direction of the said judges, and after so depositing said ballots, the said box shall be closed, and the said judges shall then cause the clerk or one of his deputies, whom the said judge shall designate, neither one nor the other who may be so required to act to be present at the writing, rolling, or folding and depositing said ballots into the box as herein directed, to appear before them, and then and there, in the presence of the said judges, and such other persons as may choose to be present, after well and thoroughly shaking said box, so that the ballots be well mixed, to draw from said box through such opening made by removing the sliding top thereof, as will only conveniently admit the hands, and without in any manner looking into said box, one by one, forty-eight of said ballots, and the names appearing on said ballots as drawn, shall be duly recorded by the said judges, or by the clerk, in his presence and under his direction, Mode of draw in the order in which they shall be drawn; and in Baltimore county a box shall be procured as aforesaid, of the form aforesaid, and of the square of — inches, and said box shall be divided into thirteen compartments, which shall be numbered to correspond with the districts of the said county, and the names of the persons selected as aforesaid shall be placed by the said judges in the said compartments of said box respectively, which bear the numbers of the districts where the persons so selected respectively reside, and there shall be then drawn in the manner herein before provided for the other counties, five names from compartment number one, three from number two, five from number three, three from number four, two from number five, three from number six, three from number seven, five from number eight, six from number nine, two from number ten, three from number eleven, six from number twelve, and two from number thirteen, and said names so drawn shall be recorded as herein before directed, and thereupon the said judges shall forthwith order a venire facias, directed to the sheriff of the said counties respectively, commanding them to summon as jurors, to attend at the next ensuing term of said courts, the several persons whose names may be drawn as aforesaid, and if any such persons whose names are so drawn and embraced in said venire facias should be dead, sick, or otherwise unable to attend, or should be absent, and therefore not to be found, it shall be the duty of said sheriff forthwith to return the fact of such death, disability or absence, and the said judges shall thereupon cause to be drawn from said box, in the manner herein before directed, other names in the place and stead of the original who may be dead, disabled, or absent, and shall cause the name or names of such person or persons so as last aforesaid drawn, to be inserted in the said venire facias to be summoned as aforesaid, and it shall be the duty of the sheriff to summon the persons named in said venire facias, and make return thereof to the said court at the opening of its session. Summoning jurors. This section shall not apply to Prince George's county. |