and sales, had or rendered at any time prior to the fifteenth day of August, A. D. 1862.

Sections 6 and 7 of chapter 47, Revised Statutes, were repealed by the act relating to attachments and executions against the body of a defendant, approved January 11, 1877; section 22 of said chapter, relating to foreclosure of mortgages by scire facias, and sections 24, 25, 26 and 27, concerning the levy of attachment writs, have been omitted from this volume for the reason that they are provided for in the Code of Civil Procedure.

Jury fee to be

treasury.

CHAPTER LIV.

JURORS.

[Revised Statutes, Chapter XLIX.]

1458. SECTION I. A jury-fee of five dollars shall be paid into county taxed as part of the costs of the suit in each cause tried by jury. The clerk shall pay such fee when collected, into the county treasury.

Manner of payment of jurors.

1459. SEC. 2. The clerk shall, without fee, furnish to each juror who shall attend at any term of court, a certificate showing the number of days that such juror shall have attended at such term; and upon presentation thereof to the county commissioners, they shall issue to such juror their warrant upon the county treasury for the amount of the per diem and mileage of such juror.

Who are competent as jurors.

Who not re

as jurors.

AN ACT CONCERNING JURORS AND JURIES.

Be it enacted by the General Assembly of the State of Colorado: 1460. SECTION 1. All male inhabitants of the state of the age of twenty-one years, who are citizens of the United States or have declared their intention to become such citizens, and who have not been convicted of felony, shall be competent to serve as grand and petit jurors in all courts and judicial proceedings in this state.

1461. SEC. 2. State and county officers, judges and quired to serve clerks of courts, justices of the peace and constables, attorneys and counselors at law, and persons who are sixty years of age, shall not be required to serve as jurors, if he or they shall ask to be excused from such service. No

person shall be required to serve as a juror, except in the county where he resides, or in the county to which the county of his residence may be attached for judicial purposes. That one is a professional gambler, or that he keeps a house, room or other place in which gambling is carried on, shall be a ground of challenge to the poll.

competent per

jurors by county

apportionment

1462. SEC. 3. At the regular meeting of the board of Selection of county commissioners in each county, sixty days or more sons to serve as before the time appointed for holding a district court in such commissioners; county, the board shall select of the inhabitants of the of number to be county having the qualifications prescribed in this act, and ent counties. not required by law to serve as jurors, competent persons to serve as jurors in number as follows, to wit:

In counties having three thousand or more voters, two hundred names.

In counties having fifteen hundred, and not exceeding three thousand voters, one hundred and fifty names.

In counties having five hundred, and not exceeding fifteen hundred voters, one hundred names.

. In counties having less than five hundred voters, seventyfive names.

Which names when so selected shall be immediately certified to the district clerk of the same county, or if such county shall be attached to another for judicial purposes, then to the district clerk of the county to which such county shall be so attached.

1463. SEC. 4. SEC. 4. The aggregate of the votes polled for the candidates to any state or county office at the general election held next before the time of selecting persons to serve as jurors, as provided in section 3, shall sufficiently indicate the number of voters in the county within the meaning of this act. The board of county commissioners shall determine the candidates and the office upon which such computation shall be made.

selected in differ

Basis of selec

tion.

Ballot box for

1464. SEC. 5. The clerk of the district court shall keep a box of suitable dimensions, having two compart- drawing jury. ments, each of which shall be closed with a lid or cover and fastened with lock and key. An opening shall be made in each of said lids not exceeding two inches in length, and one-fourth of an inch in width, which shall be

Drawing of

Jurors.

for the reception of ballots. The said box shall remain in the possession of the district clerk and shall not be opened except at in the time and in the manner hereinafter specified. The keys to the same shall be kept by the sheriff of the county.

1465. SEC. 6. The clerk of the district court shall grand and petit write the names certified to him as aforesaid on ballots, one name on each ballot, and place such ballots in one compartment of the said box. At least thirty days prior to the term of court, the district clerk shall call to his assistance the sheriff of the county, and in the presence of the sheriff, draw by chance from the compartment of the said box in which the names have been placed, a sufficient number of grand and petit jurors for the next term of the district court of such county. When so drawn the ballots shall be placed in the other compartment of the said box.

Dispensing with grand or petit

ing of second

panel of petit

jurors.

1466. SEC. 7. If the business to be transacted at any juries, and draw-term of a district court shall not require a grand or petit jury to attend at such term, the judge of such court may, by written order, to be filed with the clerk of the court, dispense with a grand or petit jury at such term, and in that event, no grand or petit jury shall be drawn or summoned. If in the opinion of the judge of any district court, the business to be transacted at any term of such court shall require a petit jury to attend at such term for more than two weeks, he may, by written order, to be filed with the clerk, direct such clerk to draw a second panel of petit jurors, to be summoned to attend after the first panel shall have been discharged. In like manner a third and fourth panel of petit jurors may be drawn, and summoned, and in every case the judge of a district court may direct upon what day of a term of court a venire for jurors shall be returnable, and such venire shall be issued and made returnable according to such direction. But if no such order shall be made, a venire for jurors shall be returnable on the first day of the term.

Selection and

counties at

1467. SEC. 8. Whenever two or more counties are drawing of juries attached for judicial purposes, the board of commissioners tached for judi in each of the counties so attached, shall select jurors according to the provisions of this act, and transmit the

cial purposes.

names of jurors so selected to the clerk of the district court. It shall be the duty of the judge of such district court, at least thirty days prior to every term of such court, to apportion the grand and petit jurors required by law to be summoned to attend at such term, among the several counties so attached, having reference to the population of the several counties, respectively. Thereupon, jurors shall be drawn by the clerk, in the presence of the sheriff, in the manner hereinbefore specified, according to such direction and apportionment made by the judge, and writs of venire facias for summoning such jurors shall be issued as in other cases.

Summoning of

1468. SEC. 9. Whenever it shall be necessary to summon talesmen, the court may direct that they be summoned talesmen. from the bystanders, or may issue an open venire, as heretofore practiced, or may cause them to be drawn from said. box, and if it shall be necessary to bring in a new panel of jurors, the same course may be pursued, and in every such case the venire facias shall be returnable as the court shall direct.

Proceedings in

at close of ser

1469. SEC. 10. At the end of each term of court, the district clerk shall certify to the board of county commis- relation to jurors sioners, the names of all persons who have served on any vice. regular panel of jurors at the preceding term, excluding those who have been called as talesmen to complete the panel in one or more causes, and the persons so certified shall not be again returned as jurors during a period of one year thereafter. The district clerk shall also destroy all ballots remaining in said box, and for the succeeding term of court the names of persons shall be certified by the county commissioners, and jurors be drawn in the manner hereinbefore provided. The names of competent persons may be successively returned by the county commissioners, until they have been drawn as jurors, and until they have. performed service as such, when they shall be omitted for at least one year.

In case of failure to return list of competent per

1470. SEC. II. If the county commissioners shall fail to return a list of competent persons, or if jurors shall not be drawn and summoned as herein provided, the court shall on to draw nevertheless have power to cause a jury to be summoned

or summon ju

rors.

How jurors summoned.

Service of venire.

Indictment, etc.,

by open venire as heretofore practiced, or if a list or lists. of competent persons has been returned, to cause a jury to be drawn and summoned as the court shall direct. This provision shall extend to both grand and petit juries.

1471. SEC. 12: Jurors selected according to the provisions of this act, shall be summoned to attend upon the court by writ of venire facias directed to the sheriff of the proper county in the manner heretofore practiced, and such writs may be made returnable upon any day of the term as the court or judge thereof shall direct.

1472. SEC. 13. A venire may be served by reading the same to the jurors personally, or by leaving a copy thereof at his usual place of abode with some person above the age of sixteen years; and the same shall be served at least five days before the day on which the jurors are required to appear. 1473. SEC. 14.

SEC. 14. No indictment, nor any array or panel of not to be quash any grand or petit jury shall be quashed, nor shall any verdict

ed by reason of

turn of jurors.

informality of re- in any case, civil or criminal, be set aside, nor shall judgment in any case, civil or criminal, be stayed or averted, by reason that the county commissioners in selecting such grand jury, or petit jury, to attend at the term of court to which such indictment is returned, or which have returned such indictment or verdict, have returned such jury or any of them in any informal or irregular manner, which in the opinion of the court is unimportant and insufficient to vitiate the return of such jury.

How issues of fact, arising

upon challenge

1474. SEC. 15. SEC. 15. All issues of facts arising upon any challenge to the array of any grand or petit jury, or to of jurors, tried. individual jurors, shall be tried by the court or by triers appointed as the court shall direct.

Foreman of

ministration of

dorsement on

bills.

1475. SEC. 16. Before the grand jury at any term of grand jury; ad. Court shall be sworn, or affirmed, the court shall appoint a oaths by and in- foreman of such jury, and such foreman shall have power to administer an oath, or affirmation to any and all witnesses who may be required to testify before such jury. He shall also indorse upon every bill that may be presented to the grand jury the finding of such jury as that the same is "A true bill," or "Not a true bill," as the case may be, and sign his name thereto, before the same is returned into court.