TITLE III. PERSONS SPECIALLY. INVESTED WITH POWERS OF A JUDICIAL NATURE. Chapter I. Jurors, §§ 190-254. Article I. III. IV. VI. VII. II. IX. X. XI. Court Commissioners, §§ 258, 259. CHAPTER I. JURORS. Jurors in General, §§ 190-195. Qualifications and Exemptions of Jurors, §§ 198-202. Of Drawing Jurors for Courts of Record, §§ 214-220. Of Summoning Jurors of Inquest, § 235. Of Impaneling Grand Juries, §§ 241-243. Of Impaneling Trial Juries in Courts of Record, §§ 246, 247. Of Impaneling Trial Juries in Courts Not of Record, XII. Of Impaneling Juries of Inquest, § 254. § 190. Jury defined. A jury is a body of men temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of tact. En. March 11, 1872. Am'd. 1880, 44. Jurors, qualifications and exemptions: Post, secs. 198202. Selecting and summoning: Post, secs. 204, 238. § 191. Different kinds of juries. Juries are of three kinds: 1. Grand juries; 2. Trial juries; 3. Juries of inquest. En. March 11, 1872. Am'd. 1880, 44. § 192. Grand jury defined. A grand jury is a body of men, nineteen in number, returned in pursuance of law, from the citizens of a county, or city and county, before a court of competent jurisdiction, and sworn to inquire of public offense committed or triable within the county, or city and county. En. March 11, 1872. Am'd. 1875-6, 86; 1880, 44. Cal.Rep.Cit. 54, 65; 54, 66; 69, 108; 92, 261; 92, 263; 119, 3. § 193. Trial jury defined. A trial jury is a body of men returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine, by verdict, a question of fact. En. March 11, 1872. Am'd. 1880, 44. Trial by jury: Post, secs. 600-619. Verdict, three quarters of jury can find: art. 1, sec. 7. See also, post, sec. 618. Const. Cal., § 194. Number of a trial jury. A trial jury shall consist of twelve men; provided, that in civil actions and cases of misdemeanor, it may consist of twelve, or of any number less than twelve, upon which the parties may agree in open court. En. March 11, 1872. Am'd. 1880, 44. Less than twelve: Const. Cal., art. 1, sec. 7. § 195. Jury of inquest defined. A jury of inquest is a body of men summoned from the citizens of a particular district before the sheriff, coroner, or other ministerial officer, to inquire of particular facts. En. March 11, 1872. Am'd. 1880, 44. Cal.Rep.Cit. 42, 382; 42, 385. § 198. ARTICLE II. AND EXEMPTIONS OF JURORS. Who competent to act as juror. Who not competent to act as juror. Who may be excused. Affidavit of claim to exemption. Who competent to act as juror. A person is competent to act as juror if he be: 1. A citizen of the United States of the age of twentyone years, who shall have been a resident of the state one year, and of the county, or city and county, ninety days before being selected and returned; 2. In possession of his natural faculties, and of ordinary intelligence, and not decrepit; 3. Possessed of sufficient knowledge of the English language; 4. Assessed on the last assessment roll of the county, or city and county, on property belonging to him. En. March 11, 1872. Am'd. 1875-6, 89; 1880, 45. Cal.Rep.Cit. 123, 487. 51, 599; 58, 266; 61, 553; 106, 318. Subd. 4 Residence, generally: Pol. Code, sec. 52. See Const. Cal., art. 2, sec. 4; $ 199. Who not competent to act as juror. A person is not competent to act as a juror: 1. Who does not possess the qualifications prescribed by the preceding section; or, 2. Who has been convicted of malfeasance in office, or any felony or other high crime. En. March 11, 1872. Am'd. 1880, 45. Cal.Rep.Cit. 106, 318; 123, 487. § 200. Who exempt from jury duty. A person is exempt from liability to act as a juror if he be: 1. A judicial, civil, or military officer of the United States, or of this state; 2. A person holding a county, city and county, or township office; 3. An attorney at law; 4. A minister of the gospel, or a priest of any denomination following his profession; 5. A teacher in a university, college, academy, or school; 6. A practicing physician or druggist actually engaged in the business of dispensing medicines; 7. An officer, keeper, or attendant of an almshouse, hospital, asylum, or other charitable institution; 8. Engaged in the performance of duty as officer or attendant of the state prison or of a county jail; 9. Employed on board of a vessel navigating the waters of this state; 10. An express agent, mail carrier, superintendent, employee, or operator of a telegraph line doing a general telegraph business in this state, or keeper of a public ferry or toll-gate; 11. An active member of the National Guard of California, or an active member of a fire department of any city and county, city, town, or village in this state, or an exempt member of a duly organized fire company; 12. A superintendent, engineer, or conductor on a railroad; or, 13. A person drawn as a juror in any court of record in this state, upon a regular panel, who has served as such within a year; but this exemption shall not extend to a person who is summoned as a juror for the trial of a particular case. En. March 11, 1872. Am'd. 1873-4, 285; 1875-6, 86; 1880, 45; 1897, 185. Cal.Rep. Cit. Subd. 2-123, 486. Exemption, how claimed: Post, sec. 202. Subd. 11. Exempt fireman: Pol. Code, secs. 3337-3339. Members of National Guard: See Pol. Code, secs. 1936, 1962. §201. Who may be excused. A juror shall not be excused by a court for slight or trivial cause, or for hardship or inconvenience to his business, but only when material injury or destruction to his property, or of property intrusted to him, is threatened, or when his own health, or the sickness or death of a member of his family, requires his absence. En. March 11, 1872. Am'd. 1880, 45. Cal.Rep.Cit. 138, 268. Code Civ. Proc.-8. § 202. Affidavit of claim to exemption. If a person exempt from liability to act as a juror, as provided in section two hundred, be summoned as a juror, he may make and transmit his affidavit to the clerk of the court for which he is summoned, stating his office, occupation, or employment; and such affidavit shall be delivered by the clerk to the judge of the court where the name of such person is called, and if sufficient in substance, shall be received as an excuse for non-attendance in person. The affidavit shall then be filed by the clerk. En. Stats. 1873-4, 286. Am'd. 1880, 46. ARTICLE III. OF SELECTING AND RETURNING JURORS FOR COURTS OF RECORD. § 204. Jury lists, by whom and when to be made. § 205. How selection shall be made. Lists to contain how many names. 206. 207. 208. Lists to be placed with clerk. § 204. Jury lists, by whom and when to be made. In the month of January in each year it shall be the duty of the superior court in each of the counties of this state, to make an order designating the estimated number of grand jurors, and also the number of trial jurors, that will, in the opinion of said court, be required for the transaction of the business of the court and the trial of causes therein during the ensuing year; and immediately after said order designating the estimated number of grand jurors shall be made, the court shall select and list the grand jurors required by said order to serve as grand jurors in said superior court during the ensuing year, or until new lists of jurors shall be provided, and said selections and listings shall be made of persons suitable and competent to serve as jurors, as set forth and required in sections two hundred and five and two hundred and six of this code, which list of persons so selected shall at once be placed in the possession of the county clerk; and immediately after said order designating the estimated number of trial jurors shall be made, the board of supervisors shall select, as provided in sections |
