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construed as to require payment by any party of such just costs more than once; provided further, that when a trial by jury in a civil case is prayed for and allowed or when one is ordered ex officio by the judge, he shall on application of either party to said cause, in case there be no venire of jurors from which to select a jury, order the commission to draw such number of jurors as he may deem necessary to try and determine said cause, said drawing to be made in accordance with the forms prescribed by Section 4, of this act, except as to publication. In the trial of all civil jury cases each party, plaintiff and defendant, shall be entitled to six (6) peremptory challenges, and no more.
This Act (135) repeals R. S. 1426, which regulated jury trials in contested election cases, In re Deal, 123 La. 369.
State cannot be made to make deposit for jury-fees, State vs. Sheriff, 42 A. 60.
3947. [Sec. 14.] For the trial of all criminal cases to be tried by jury in the manner prescribed by Article 116, of the Constitution, no special drawings of juries shall be necessary for particular cases, but juries for the trial of all criminal cases, whether to be composed of five (5) or twelve (12) in number, shall be drawn as hereinabove provided, the judge being fully vested with power and authority to direct the commission to draw additional juries for service whenever in his opinion the public interest may require it, which order shall always be entered on the minutes of the court. In the trial of cases in which the punishment may be at hard labor, by a jury of five (5), the accused shall be entitled to six peremptory challenges, and the State to three (3); in cases in which the punishment is necessarily at hard labor and tried by jury of twelve (12), the accused shall be entitled to twelve (12) peremptory challenges and the State to six (6) and in cases in which the punishment may be capital and tried by a jury of twelve (12), the accused shall be entitled to twelve (12) peremptory challenges and the State to six (6). The State and the accused may, in all cases, challenge any number of jurors for good and sufficient cause.
For authorities, see under Criminal Proceedings, 2325 and 2326, p. 771. Irregularities in Drawings.
3948. [Sec. 15.] It shall not be sufficient cause to challenge the general venire selected for any session of the court or portion thereof or for service at any time in any parish or district of this State, or set aside the venire, because some of the jurors on the
list are not qualified to act, nor because of any other defect or irregularity in the manner of selecting the jury as above provided; and no such defect or irregularity in the selection thereof or the summoning of the jury, shall be sufficient cause, if it shall not appear that some fraud has been practiced or some great wrong committed in the selection and the summoning of the jury that would work irreparable injury; provided, that it shall be good ground to challenge, for cause, any juror who is not qualified to act under the provisions of this act.
"Some fraud practiced or some great wrong committed," State vs. Reeves, 129 La. 714; State vs. Claxton, 129 La. 591; State vs. Sturgeon, 127 La. 459; State vs. Bradley, 120 La. 248; State vs. McClendon, 118 La. 792; State vs. Johnson, 116 La. 856; State vs. Sheppard, 115 La. 942; State vs. Aspara, 113 La. 940; State vs. Batson, 108 La. 479; State vs. Watkins, 106 La. 380; State vs. Thomas, 50 A. 148; State vs. Shaw, 47 A. 1094; State vs. Johnson, 47 A. 1092; State vs. White, 46 A. 1275; State vs. Saintes, 46 A. 547; State vs. Hall, 44 A. 976; State vs. Taylor, 44 A. 783; State vs. Walsh, 44 A. 1127; State vs. McCarthy, 44 A. 323; State vs. Claverie, 43 A. 1133; State vs. Taylor, 43 A. 1131; State vs. Simmons, 43 A. 991; State vs. Green, 43 A. 402; State vs. Gonsoulin, 38 A. 459; State vs. Egan, 37 A. 368; State vs. Sandoz, 37 A. 376; State vs. Rector, 35 A. 1098; State vs. Thomas, 35 A. 24; State vs. Harris, 34 A. 118; State vs. Smith, 34 A. 1414; State vs. Whittington, 33 A. 1403; State vs. Dozier, 33 A. 1362; State vs. Kane, 32 A. 999; State vs. Foster, 32 A. 34; State vs. Guidry, 28 A. 630; State vs. Miller, 26 A. 579; State vs. Ballerio, 11 A. 81.
The jury-law must be so construed as equally to conserve the interests of the public in vindication of law and order, and to guard the rights of individuals to a fair and impartial trial, State vs. Brooks, 36 A. 334.
The ex parte affidavit of accused to a motion to quash a venire is not evidence to prove the facts on which the motion is based, State vs. Baptiste, 105 La. 661.
Objections Must Be Urged Before Trial.
3949. [Section 16.] All objections to the manner of selecting or drawing the jury or to any defect or irregularity that can be pleaded against any array or venire must be urged before entering on the trial of the case; otherwise, all such objections shall be considered as waived and shall not afterwards be urged or heard.
State vs. Robertson, 50 A. 1101; State vs. Beeder, 44 A. 1007; State vs. White, 35 A. 96; State vs. Hoffpauer, 21 A. 609; State vs. Jackson, 12 A. 681; State vs. Smith, 33 A. 1415.
A motion to annul a venire made in one case, and sustained, cannot be availed of by another defendant in another case, State vs. Brittin, 50 A. 261; State vs. McCoy, 29 A. 593; State vs. Courtney, 28 A. 794 (contra, State vs. Smith, 31 A. 406).
Per Diem and Mileage of Jury Commissioners.
3950. [Act 11, 1902, p. 19.] The Jury Commissioners throughout the State of Louisiana, the parish of Orleans excepted, shall receive for their services as such from the parish treasury the sum of three dollars ($3.00) per day when in actual attendance upon the duties of the office and 5 cents (5c) per mile for every mile traveled in coming to and going from the court house.
PARISH OF ORLEANS.
3951. [Sec. 1, Act 98, 1880, p. 124.] There shall be, in the parish of Orleans, a board of jury commissioners composed of three registered voters, residing in the parish of Orleans, the acts of two of them to be as valid and binding as if performed by all.
3952. [Sec. 2.] The Governor shall appoint from the registered voters of the Parish of Orleans, three persons to be removable at his pleasure, who shall constitute a board of Jury Commissioners, two of whom shall be a quorum. Each of said commissioners shall receive a salary of fifteen hundred dollars per annum, payable monthly, by the City of New Orleans; and in case, of absence or inability to act, there should be no quorum of said board the Governor shall appoint Commissioners to fill such temporary vacancy or vacancies, who shall have all the powers of Jury Commissioners under this act. The said Commissioners shall select at large, impartially, from the citizens of the Parish of Orleans, having the qualifications requisite to register as voters, the names of no less than one thousand persons competent under this act to serve as jurors. A list of these names shall be prepared, certified to by the Commissioners, and kept as a part of the records of their office subject to the orders of the judges of the Criminal District Court of said parish. The names on said lists shall be copied on slips prepared for the purpose with the number and address corresponding to that on the list, and shall be placed in the jury wheel, from which the drawing is to be made. No name shall be cancelled from said list or withdrawn from the jury wheel without an order of court, and the said list shall be a correct and perfect record of the names in the jury wheel. The said list shall be supplemented from time to time, as the necessities of jury service require. No drawing shall be made from a list of less than one thousand names, unless in an extraor
dinary case when tales jurors are ordered by one of the judges of the Criminal District Court, he may in his discretion, in order to avoid delay, order said drawing from a list and jury wheel containing not less than six hundred names, and in such cases it shall be the duty of said Commissioners immediately after said drawing to refill the said wheel and complete said list so as to reach the required number of one thousand names.
In order to secure none but good and competent jurors, the said Commissioners shall at all times have access to, and the right to copy from the several books of registration of the Parish of Orleans, and shall have authority to apply to the Criminal District Court for such legal process as may be necessary to secure the attendance of witnesses and the production of the papers necessary in their investigations as to the competency of jurors; and in cases of contempt or disobedience, at their instance the parties may be punished for contempt.
The said Commissioners shall have the power and are hereby required to administer the following oath to all persons appearing before them:
"You will well and truly answer all such questions as may be put to you touching the qualifications of one..... (or of yourself) to serve as a juror. So help you God."
Any willful and corrupt false swearing by any person before said Commissioners, or either of them, shall be deemed willful perjury and punished in the manner now prescribed by law for such offense.
The qualifications of a juror under this act shall be: To be a male citizen of the United States, and of this State, and a resident of this parish for one year next preceding such service, not under interdiction, nor convicted of any crime punishable at hard labor in the State penitentiary. He shall be an intelligent person of good moral habits and reputation, having the capacity and competency to serve as a Grand Juror. The Jury Commissioners shall qualify all persons before their selection as jurors, and nothing in this act shall be so construed as to deprive judges of the several District Courts of the right to decide upon their competency.
Twelve days before the expiration of the montly session of the Criminal District Court, the said Commissioners, together with the said sheriff, shall draw from the said wheel the number of names, not less than seventy-five, ordered by either of the judges of the Criminal District Court, and the persons whose
names shall be so drawn shall constitute the Petit Jury for the session succeeding such drawing, except in cases where it may be necessary to select a Grand Jury, in which case the persons composed said Grand Jury shall be first selected from the whole venire returned into court, and the remaining persons shall compose the Petit Jurors for the month; provided, that in any case where a jury has been selected and impaneled for the trial of any cause pending in said court, if the same be not concluded within the month, the jury so impaneled shall continue to serve until said cause is finally decided, or until otherwise discharged by the court.
The said Jury Commissioners shall select from the deputies appointed by the criminal sheriff, with the approval of the judges of the Criminal District Court, to serve all subpoenas and papers for the said Board of Jury Commissioners, and when not so employed to be subject to such other service as may be required of them by the criminal sheriff. All objections to the manner of drawing juries or to any defect or irregularities that can be pleaded against any array or venire must be urged within the first three judicial days of the term for which said jury was drawn, or all such objections shall be considered as waived and shall not afterwards be urged. (Amd. Act 170, 1894, p. 211.)
This not a local or special act, State vs. Brown, 126 La. 12; State vs. Murray, 47 A. 1424; State vs. Dalon, 35 A. 1141; State vs. Crowley, 33 A. 782; State vs. Beeder, 44 A. 1013.
The jury commission is not required to make its drawings in secret, State vs. Aspara, 113 La. 940.
Two jury commissioners constitute a quorum, State vs. Arata, 32 A. 193. The participation of the criminal sheriff is ministerial and may be through a deputy, State vs. Aspara, 113 La. 940.
So long as there are in the wheel the names of 1,000 qualified jurors, the presence therein also of the names of a large number of disqualified persons will not invalidate the drawing, State vs. Foster, 32 A. 34.
The names drawn of jurors who do not serve should be returned to the wheel and relisted, but failure to do this does not justify the setting aside of a verdict, State vs. Aspara, 113 La. 940; State vs. Egan, 37 A. 369.
The list of names in the jury-wheel required by law to be kept by the jury commissioners "as part of the records of their office" is not intended to be open to public inspection, State vs. Aspara, 113 La. 940.
"Twelve days before the expiration of the monthly session," State vs. Aspara, 113 La. 940.
Term of service, State vs. Martinez, 9 A. 50.
Because an order for the drawing of juries for the incoming month is made by one of the Judges, who, when the venire assembles in his section allots a certain number of the jurors to the other section of the court, he