be discharged from the panel at the conclusion of the trial: Provided, that persons selected from the bystanders, as provided in this section, shall not thereby be disqualified or exempt from service as jurors, when regularly drawn by the clerk for that purpose, in the manner provided in this act. [R. S. 1845, p. 310, § 10; L. 1871-2, p. 518, § 13.

13. WHEN REGULAR PANEL EXHAUSTED-SEEKING TO BE A JUROR OR TO GET PERSON ON A JURY.] § 13. When by reason of challenge in the selection of a jury for the trial of any cause, or by reason of the sudden sickness or absence of any juror for any cause, the regular panel shall be exhausted, the court may direct the sheriff to summon a sufficient number of persons having the qualifications of jurors to fill the panel for the pending trial; but, upon objection by either party to the cause to the sheriff summoning a sufficient number of persons to fill the panel, the court shall appoint a special bailiff to summon such persons: Prorided, the same person shall not be appointed special bailiff more than once at any term of court. Any person who shall seek the position of a juror, or who shall ask any attorney or other officer of the court or other person to secure his selection as a jury man, shall be deemed guilty of a contempt of court, and be fined not exceeding $20, and shall thereby be disqualified from serving as a juror for that term, and such fact shall be sufficient ground for challenge. Any attorney or party to a suit pending for trial at that term who shall request or solicit the placing of any person upon a jury, shall be deemed guilty of a contempt of the court and be fined not exceeding $100, and the person so sought to be put upon the jury shall be disqualified to serve as a juror at that term of court. [L. 1871-2, p. 518, § 14.

14. CAUSES FOR CHALLENGE.] § 14. It shall be sufficient cause of challenge of a petit juror that he lacks any one of the qualifications mentioned in section two of this act; or if he is not one of the regular panel, that he has served as a juror on the trial of a cause in any court of record in the county within one year previous to the time of his being offered as a juror; or that he is a party to a suit pending for trial in that court, at that term. It shall be the duty of the court to discharge from the panel all jurors who do not possess the qualifications provided in this act, as soon as the fact is discovered: Provided, if a person has served on a jury in a court of record within one year he shall be exempt from again serving during such year, unless he waives such exemption: Provided, further, that it shall not be a cause of challenge that a juror has read in the newspapers an account of the commission of the crime with which the prisoner is charged, if such juror shall state, on oath, that he believes he can render an impartial verdict, according to the law and the evidence: And, provided, further, that in the trial of any criminal cause, the fact that a person called as a juror has formed an opinion or impression, based upon rumor or upon newspaper statements (about the truth of which he has expressed no opinion), shall not disqualify him to serve as a juror in such case, if he shall, upon oath, state that he believes he can fairly and impartially render a verdict therein, in accordance with the law and the evidence, and the court shall be satisfied of the truth of such statement. [As amended by act approved and in force March 12, 1874. L. 1859, p. 154, § 1; L. 1871-2, p. 519, § 15.

15. JUROR NOT APPEARING.] § 15. Every person who shall fail to attend, when lawfully summoned to appear as a grand or petit juror, as aforesaid, without having a reasonable excuse, shall be considered as guilty of a contempt, and shall be fined by the courts, respectively, in any sum not less than $5 nor more than $100, for the use of the proper county, unless good cause be shown for such default; and it shall be the duty of the court to order a writ of attachment, returnable forthwith, against all such delinquents, and upon the return thereof the court shall proceed to assess said fine unless the person or persons so attached shall show good cause for such delinquency: Provided, that the oath or affirmation of any such delinquent shall, at all times, be received as competent evidence. [R. S. 1845, p. 310, § 11; L. 1871-2, p. 519, § 16.

IMPANELING THE GRAND JURY.

16. FULL PANEL.] § 16. A full panel of the grand jury shall consist of twenty-three persons, sixteen of whom shall be sufficient to constitute a grand jury. [R. S. 1845, p. 308, § 1; L. 1871-2, p. 519, § 17.

17. FOREMAN-HIS DUTIES AND POWERS.] § 17. After the grand jury is impaneled, it shall be the duty of the court to appoint a foreman, who shall have power to swear or affirm witnesses to testify before them, and whose duty it shall be, when the grand jury, or any twelve of them, find a bill of indictment to be supported by good and sufficient evidence, to indorse thereon "A true bill;" where they do not find a bill to be supported by sufficient evidence, to indorse thereon "Not a true bill;" and shall, in either case, sign his name as foreman, at the foot of said indorsement, and shall also, in each case in which a true bill shall be returned into court as aforesaid, note thereon the name or names of the witness or witnesses upon whose evidence the same shall have been found. [R. S. 1845, p. 309, § 3; L. 1871-2, p. 519, § 18.

18. OATH OF FOREMAN AND JURORS.] § 18. Before the grand jury shall enter upon the discharge of their duties, the following oath shall be administered to the foreman, to-wit:

You, as foreman of this inquest, do solemnly swear (or affirm, as the case may be,) that you will diligently inquire into and true presentment make of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge, touching the present service; you shall present no person through malice, hatred or illwill; nor shall you leave any unpresented through fear, favor or affection, or for any fee or reward, or for any hope or promise thereof; but in all of your presentments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding: so help you God.

And the following oath or affirmation shall be administered to the other jurors, to-wit:

The same oath that A B, your foreman, has just taken before you, on his part, you and each of you shall well and truly keep and observe on your respective parts: so help you God.

[R. S. 1845, p. 309, § 4; L. 1871-2, p. 520, § 19.

19. EVIDENCE REQUIRED-SPECIAL VENIRE.] § 19. No grand jury shall make presentments of their own knowledge, upon the information of a less number than two of their own body, unless the juror giving the information is previously sworn as a witness, in which case, if the evidence shall be deemed sufficient, an indictment may be found thereon in like manner as upon the evidence of any other witness who may not be of the jury. The judge of any court of record of competent jurisdiction may order a special venire to be issued for a grand jury at any time when he shall be of opinion that public justice requires it. The order for such venire shall be entered on the records of the court by the clerk thereof; and such clerk shall forthwith issue such venire under his hand and the seal of the court, and deliver the same to the sheriff, who shall execute the same by summoning, in the same manner now provided or that may hereafter be provided by law for summoning jurors, twenty-three persons, qualified by law, to constitute a grand jury. Such venire shall state the day on which such persons shall appear before the court. [See "Crim. Code," ch. 38, § 407. R. S. 1845, p. 309, § 5; L. 1871-2, p. 520, § 20.

IMPANELING PETIT JURORS.

20. DRAWING.] § 20. It shall be the duty of the clerk of the court, at the commencement of each week of the term, to write the name of each petit juror summoned and retained for that week on a separate ticket, and put the whole into a box or other place for safe-keeping; and as often as it shall be necessary to impanel a jury, the clerk, sheriff or coroner shall, in the presence of the court, draw by chance twelve names out of such box or other place, which shall designate the twelve to be sworn on the jury, and in the same manner for the second jury, in their turn, as the court may order and direct. [R. S. 1845, p. 310, § 8; L. 1871-2, p. 520, § 21.

21. PASSING UPON JURORS.] § 21. Upon the impaneling of any jury in any civil cause now pending, or to be hereafter commenced in any court in this

state, it shall be the duty of the court, upon request of either party to the suit, or upon its own motion, to order its full number of twelve jurors into the jury box, before either party shall be required to examine any of the said jurors touching their qualifications to try any such causes: Provided, that the jury shall be passed upon and accepted in panels of four by the parties, commencing with the plaintiff. [L. 1869, p. 239, § 1; L. 1871-2, p. 520, § 22.

22. BEFORE FIRST ANNUAL MEETING OF COUNTY BOARD.] § 22. Until the first annual meeting of the several county boards of this state after the passage of this act, the lists already prepared as the jury lists shall constitute the jury lists provided for under section 1 of this act, and jurors may be selected therefrom in counties where such selection may be necessary, at any time before said annual meeting of the county board, in the manner provided in section 2 of this act. [As amended by act approved and in force March 27, 1874.

23. APPLIES TO CIVIL AND CRIMINAL CASES.] § 23. The provisions of this act shall apply to proceedings in both civil and criminal cases.

24. REPEAL.] § 24. An act entitled "An act concerning jurors," approved April 10, 1872, and the act entitled "An act concerning jurors," approved May 7, 1873, and all other acts or parts of acts inconsistent herewith, are hereby repealed.

25. EMERGENCY.] § 25. Whereas an emergency exists, therefore this act shall take effect and be in force from and after its passage.

110. Penalty for not delivering books, etc.

125. Recommendation-appointment.

111. County clerks to determine successorship-order 126. Commission-term of office--jurisdiction, etc.

for books, etc.

112. Constable to finish business-death.

REMEDIES UPON BONDS OF JUSTICES AND CON

STABLES.

113. Suits in name of the people.

114. Judgment-execution.

127. Vacancy, how filled.

AN ACT to provide for the election and qualification of justices of the peace and constables, and to provide for the jurisdiction and practice of justices of the peace in civil cases, and fix the duties of constables, and to repeal certain acts therein named. [Approved April 1, 1872. In force July 1, 1872. L. 1871-2, p. 521.]

ELECTION AND TERM OF OFFICE.

1. JUSTICES AND CONSTABLES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, At the first election for town officers after the taking effect of this act, and at each quadrennial election thereafter for the same purpose, there shall be elected in each town, in counties under township organization (except as to justices of the peace in the city of Chicago, in Cook county)-and on Tuesday next after the first Monday in November, in the year 1873, and on the same day quadrennially thereafter, there shall be elected in each election precinct, in counties not under township organization-two justices of the peace and two constables, and one justice of the peace and one constable for every one thousand inhabitants exceeding two thousand inhabitants of such town or precinct: Provided, no more than five justices and five constables shall be elected in any one town or precinct. Their term of office shall commence on the first Monday of December after their election, and continue for four years, or until their successors are elected and qualified, except in counties under township organization, when the term shall commence on the first Monday in May; but no justice of the peace shall hold the office of police magistrate: Provided, that there shall be elected in each of the towns in which is contained the city of Chicago, or any part thereof, one constable and no more for each ten thousand inhabitants of such towns, at the same time and in the same manner provided in this section. ["Chicago Justices" see, § 125, and Const., art. 6, § 28. R. S. 1845, p. 313, § 1, 2, 3; L. 1849, p. 65, § 16.

2. WHEN TERM LIMITED.] § 2. The term of office of every justice of the peace and constable elected prior to the first election under this act, shall expire at the time of such election: Provided, this act shall not be construed to extend the term of office of any justice of the peace or constable. In case of the adoption of township organization in a county, or the forming of a new county, the justices of the peace and constables authorized to be elected therein shall be elected for the unexpired term between their election and the next quadrennial election.

3. VACANCY-HOW FILLED.] § 3. When a vacancy occurs in the office of a justice of the peace or constable, by death, resignation, removal from the town or precinct, or other cause, if the unexpired term exceeds one year his office shall be filled by special election; and it shall be the duty of the town clerk in counties under township organization, and county clerks in counties not under township organization, in case of such vacancy, to issue his order to the judges of election of the proper town or precinct, requiring them, on a certain day therein named,