secret unless required to disclose the same by some competent court; you shall present no man for envy, hatred, or malice, neither shall you leave any man unpresented for love, fear, favor, affection, reward, or the hope thereof, but you shall present things truly as they came to your knowledge, according to the best of your understanding. So help you God. The other jurors shall then be called in such divisions as the court may think proper, and the following oath shall be administered to them: The same oath which your fellows have taken on their part, you, and each of you, on your behalf shall well and truly observe and keep. So help you God.

Oath may be

whom.

SEC. 14. The foreman of every grand jury, State attorney, or other prosecuting officer who shall be before them, shall have authority to administer all oaths and affirmations in the manner administered by prescribed by law to witnesses who shall appear before such jury for the purpose of testifying in any matter of which they may have cognizance, and the foreman shall return to the court a list under his hand of all witnesses who shall have been sworn before the grand jury during the term, and the same shall be filed of record by the clerk.

SEC. 15. The grand jury may appoint one of their number to be their clerk, to preserve minutes of the proceedings before them, which minutes shall be delivered to the State attorney when the grand jury shall so direct.

Clerk of Grand
Jury.

moned.

SEC. 16. When the grand jury attending any court shall have Dismissed may been dismissed before the court is adjourned without day, they be again summay be summoned to attend again in the same term, at such time as the court shall direct, for the dispatch of any business that may come before them.

Indictments

cret.

SEC. 17. No grand juror or officer of the court, if the court shall so order, shall disclose the fact that any indictment for a to be kept sefelony has been found against any person not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such person has been arrested.

SEC. 18. No grand juror shall be allowed to state or testify in any court, in what manner he or any other member of the jury voted on any question before them, or what opinion was expressed by any juror in relation to such question.

SEC. 19. Members of the grand jury may be required by any court to testify whether the testimony of a witness, examined before such jury, is consistent with, or different from, the evidence given by such witness before such court; and they may also be required to disclose the testimony given before them by any person, upon a complaint against such person for perjury, or upon his trial for such offence.

Privileges.

When may be made to testify.

SEC. 20. Whenever required by the grand jury, it shall be the duty of the State attorney to attend them, for the purpose of State Attorney. examining witnesses in their presence, or of giving them advice

When bystand

ers

may summoned.

as to interest.

be

upon any legal matter, and to issue subpoenas and other process to bring up witnesses.

SEC. 21. When, by reason of challenge or otherwise, a sufficient number of jurors, duly drawn and summoned, cannot be obtained for the trial of any cause, civil or criminal, the court shall cause jurors to be summoned from the bystanders, or from the county at large, to complete the panel.

SEC. 22. The jurors so returned from the bystanders shall be returned by the sheriff or his deputy, or by a coroner, or by any disinterested person appointed therefor by the court.

SEC. 23. The persons so returned shall be such as are qualified and liable to be drawn as jurors, according to the provisions of law.

SEC. 24. The court shall, on the motion of each party in any Examination suit, examine on oath any person who is called as a juror therein, to know whether he is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudices therein; and the party objecting to the juror may introduce any other competent evidence in support of the objection; and if it shall appear to the court that the juror does not stand indifferent in the cause, or is otherwise incompetent, another shall be called and placed in his stead, for the trial of that cause.

SEC. 25. In indictments and penal actions for the recovery of any sum of money, or other thing forfeited, it shall not be a cause Liability to of challenge to any juror that he is liable to pay taxes in any county or town which may be affected by such recovery.

pay taxes.

Setting aside verdict.

Duty of Court

SEC. 26. No irregularity in any writ of venire facias, or in the drawing, summoning, or empanelling of petit jurors, shall be sufficient to set aside a verdict, unless the party making the objection was injured by the irregularity, or unless the objection was made before the returning of the verdict.

SEC. 27. When a jury, after due and thorough deliberation upon any cause, shall return into court without having agreed on a verdict, the court may explain to them anew the law apwhere jury dis- plicable to the case, and may send them out again for further deliberation; but if they shall return a second time without having agreed on a verdict, they shall not be sent out again without their own consent, unless they shall ask from the court some further explanation of the law.

agree.

May be taken to view premi

ses when.

SEC. 28. The jury may, in any case, at the request of either party, be taken to view the premises or place in question, or any property, matter, or thing relating to the controversy between the parties, when it shall appear to the court that such view is necessary to a just decision; Provided, The party making the motion shall advance a sum sufficient to defray the expenses of the jury and the officers who attend them in taking the view,

which expense shall afterwards be taxed like other legal costs, if the party who advanced them shall prevail in the suit.

SEC. 29. When by a neglect of any of the duties required in this chapter to be performed by any of the officers or persons herein mentioned, the jurors to be returned shall not be duly drawn and summoned to attend the court, every person guilty of such neglect shall pay a fine not exceeding twenty dollars, to be imposed by the same court, into the treasury of the county in which the offence is committed.

SEC. 30. If the clerk of any court shall be guilty of any fraud, either by practicing on a jury box, previously to a draft, or in drawing a juror, or in returning into the box the name of any juror which had been lawfully drawn out, and drawing or substituting another in his stead, or in any other way in the drawing of jurors, he shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars, to be paid into the county treasury of the county in which the offence is committed.

in to do their duty.

Officers fail

Fraud by clerk,

how punished.

County to pay

SEC. 31. It shall be the duty of the clerk of the circuit or county court, at the end of each term of said court, or within ten days thereafter, to make out a certificate to each juror cer- jurors. tifying the number of days' attendance, the number of miles travelled, and the amount of compensation due him; which certificate shall be allowed by the board of county commissioners as other demands against said county.

SEC. 32. If for any cause the whole number of any grand or petit jury should fail to be summoned according to the provisions of this chapter, the judge of the court may direct the clerk to draw in the manner provided in this act, grand and petit jurors, and issue a venire to the sheriff, or other officer, di- Special venires. recting him forthwith to summon a sufficient number for such grand and petit juries.

SEC. 33. On the trial of any civil cause now pending, or hereafter to be commenced in any of the circuit courts of this State, each party shall be entitled to three peremptory challenges of jurors empanelled in said cause.

SEC. 34. On the trial of criminal cases, when the punishment is capital, the prosecuting officer shall be entitled to challenge peremptorily six of the persons returned as jurors, and no more; and on the trial of criminal cases, when the punishment is not capital, the prosecuting officer and the defendant shall each be entitled to challenge peremptorily four of said jurors, and no

more.

SEC. 35. The Secretary of State shall, as soon as this bill becomes a law, send to the clerk of each county ten printed copies of this act.

Challenges in civil cases.

In criminal cases.

Copies to be sent clerk.

Repeal.

SEC. 36. Be it further enacted, That all laws in conflict with the provisions of this are hereby repealed.

Approved August 1st, 1868.

Suits in Jus

fifty dollars,

how ferred.

trans

CHAPTER 1,629.-[No. 5.]

AN ACT to transfer Suits and Proceedings in the late Courts of this State to the
Courts organized under the present Constitution.

The people of the State of Florida, represented in Senate and tices Courts Assembly, do enact as follows: SECTION 1. All civil actions not exceeding pending in a justice court before a justice of the peace holding his office under the former constitution, in which the amount or the value of the property involved shall not exceed fifty dollars, may be continued and prosecuted to final judgment before/ the justice appointed under the present constitution qualified to try the same, whose office shall be nearest to that of the justice before whom the action was commenced, and on demand of the plaintiff the last named justice shall immediately transfer to such nearest justice all the papers in the case, together with a certified copy of all the entries in his docket relating to the case, and a memorandum of all the costs incurred up to the time of such transfer, and said justice receiving said papers shall proceed to hear the said action and proceed therein in the same manner as though the action had been commenced before him; Provided, That he shall personally, or in writing, notify the defendant of the transfer of said papers, and of the time and place where the case shall be heard.

Transfers of

suits for sums

over fifty dol

lars.

SEC. 2. All civil actions pending in a justice court before a justice holding office under the former constitution, in which the amount or the value of property involved shall exceed fifty dollars, are hereby transferred to the county court of the proper county, and on the application of either party the said justice shall transmit to the clerk of the county court all the papers in his possession relating to the case, together with a certified copy of all entries in his docket relating thereto, and a memorandum of the costs incurred therein, and the county court shall proceed in said action as though the same had been commenced therein. SEC. 3. All civil actions and proceedings heretofore commenced and taken and now undetermined in the county crimity Criminal nal court of Duval county, and in the probate courts, are hereby transferred to the county courts of the respective counties, and said county courts shall proceed therein according to law, as though said actions and proceedings had been commenced in said county courts.

Suits in Coun

Court of Duval.

SEC. 4. All recognizances heretofore taken to any county Recognizances. criminal court shall be discharged and held for naught, and all recognizances herefore taken to the circuit court shall be deemed to be taken to the circuit court of the proper county under the present constitution, and all criminal cases heretofore commenced and pending in the circuit courts shall be deemed to be pending in the circuit courts established under the present constitution.

SEC. 5. All civil actions and, proceedings in the circuit courts, either at law or in equity, heretofore commenced, may be prosecuted and continued to final judgment, order, decree, or determination in the circuit courts established under the present constitution in the respective counties, when the same may have been commenced or may be pending, and be executed and enforced in the same manner as suits commenced in the circuit cuit Courts concourts as constituted under the present constitution and subject to change of venue, appeal, writ of error, and other remedial process and proceedings, according to the laws regulating the subject matter.

SEC. 6. All appeals, writs of error, certiorari, and other proceedings heretofore had or taken in any of the courts of this State, may be prosecuted, continued, determined, and enforced by the proper courts, according to law and the practice of the respective courts.

Suits in Cir

tinued.

Appeals continued.

Suits in Su

continued.

SEC. 7. All suits and proceedings in the Supreme Court pending or entitled to be heard and determined in the said court be- preme Court fore the adoption of the present constitution of this State, may be prosecuted to judgment, order, or decree, and enforcement, in the present Supreme Court, according to law and the practice of said court.

SEC. 8. All the records, judgments, and orders of the late county criminal courts and probate courts, shall be taken and held to be the record, judgment, and orders of the county courts, organized under the present constitution, subject to the like amendment, enforcements, and execution, as though the same had been made and rendered in the county courts as now established.

Records of County Crimi

nal and Probate Courts.

Records of

SEC. 9. All the records, judgments, orders, and decrees of the several circuit courts in the respective counties, heretofore made Circuit Courts. or entered, shall be taken and held to be the records, judgments, orders, and decrees of the circuit courts as now established in said counties, and may be amended and enforced according to law and the practice of said courts.

Approved by the Governor July 28, 1868.