court pursuant to any action or proceeding therein or pursuant to any order, decree or judgment of the court, or when any money is to be paid to the treasurer pursuant to any provision of this code, such money shall be forthwith deposited with such treasurer and a duplicate receipt of the treasurer therefor shall be filed with the auditor. The certificate of the auditor that such duplicate receipt has been so filed shall be necessary before the clerk or party required to deposit such money shall be entitled to a discharge of the obligation imposed upon him to make such deposit. When any money so deposited is to be withdrawn or paid out, the order directing such payment or withdrawal shall require the auditor to draw his warrant therefor and the treasurer to pay the same.--1915-942. TITLE III. Persons Specially Invested with Powers of a Judicial Nature. Chapter I. Jurors. Articles I-XII. II. Court Commissioners. CHAPTER I. Article I. Jurors in General. Section II. Qualifications and Exemptions of Jurors. III. Of Selecting and Returning Jurors for Courts of Record. IV. Of Drawing Jurors for Courts of Record. V. Of Summoning Jurors for Courts of Record. VI. Of Summoning Jurors for Courts not of Record. VII. Of Summoning Juries of Inquest. VIII. Obedience to Summons, how Enforced. IX. Of Impaneling Grand Juries. X. Of Impaneling Trial Juries in Courts of Record. 190. Jury defined. ARTICLE I. 191. Different kinds of juries. 192. Grand jury defined. Section 193. Trial jury defined. 194. Number of a trial jury. 190. A jury is a body of persons 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 fact. -1917-1282. 191. Juries are of three kinds: 1. Grand juries; 2. Trial juries; 3. Juries of inquest.-1880-44. 192. A grand jury is a body of persons, nineteen in number, returned in pursuance of law, from the citizens of a county, or a 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.-1917-1282. 193. A trial jury is a body of persons 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.. -1917-1283. 194. A trial jury shall consist of twelve persons, provided, that in civil actions and cases of misdemeanor, it may consist of twelve or any number less than twelve, upon which the parties may agree in open court.-1917-1283. 195. A jury of inquest is a body of persons summoned from the citizens of a particular district before the sheriff, coroner, or other ministerial officers, to inquire of particular facts.-1917-1283. ARTICLE II. Qualifications and Exemptions of Jurors. Section 198. Who competent to act as jurors. Section 200. Who exempt from jury duty.. 201. Who may be excused. 199. Who not competent to act 202. Affidavit of claim to exas juror. emption. 198. A person is competent to act as juror if he be; 1. A citizen of the United States of the age of twenty-one years who shall have been a resident of the state and of the county or city and county for one year immediately 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. -1915-826. 199. A person is not competent to act as a juror: 1. Who does not possess the qualifications prescribed by the preceding section; 2. Who has been convicted of malfeasance in office or any felony or other high crime; or 3. Who has been discharged as a juror by any court of record in this state within a year, as provided in section two hundred of this code, or who has been drawn as a grand juror in any such court and served as such within a year and been discharged. 4. A person who is serving as a grand juror in any court of record in this state is not competent to act as a trial juror in any such court. And a person who is serving as a trial juror in any court of this state is not competent to act as a grand juror in any such court. -1909-977. 200. 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, city, town or. township office; 3. An attorney at law, or the clerk, secretary, or stenographer of 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 practicing licensed dentist, or druggist, actually engaged in the business of dispensing medicines; 7. An officer, keeper or attendant of an almshouse, hospital, 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, or a superintendent, employee, or operator of a telegraph or telephone company doing a general telegraph or telephone business in this state, or keeper of a public ferry or tollgate; 11. An active member of the national guard of California, or an active member of a paid fire department of any city and county, city, town or village in this state, or an exempt member of a duly authorized fire company; 12. A superintendent, engineer, fireman, brakeman, motorman, 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, or a person drawn or summoned as a juror in any such court who has been discharged as a juror within a year as hereinafter provided; provided, however, that in counties having less than five thousand population the exemption provided by this subdivision shall not apply.-1919-287. 201. A juror shall not be excused by a court for slight or trivial causes, or for hardship, or for inconvenience to said juror's business, but only when material injury or destruction to said juror's property or of property entrusted to said juror is threatened, or when said juror's health, or when the health or proper care of said juror's own family, or when the sickness or death of a member of said juror's family make it necessary for said juror to be excused.-1917-1283. 202. 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 nonattendance in person. The affidavit shall then be filed by the clerk.-1880-46. ARTICLE III. Of Selecting and Returning Jurors for Courts of Record. Section 204. Jury-lists, by whom and when to be made. Section 205. Selection and listing of 204a. Jury commissioner may be 206. Lists to contain how many appointed, salary. names. 204b. To furnish list of persons 208. Certified list to be filed with qualified for jurors. 204c. Jury commissioner's duties. Qualifications of persons. 204d. Jurors selected by majority of judges. 204e. Secretary of superior judges as jury commissioner. Compensation. clerk of superior court. 209. Duty of clerk. Jury-boxes. 210. Regular jurors to serve one year. 211. Jurors to be drawn from boxes. 204. 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 men and women suitable and competent to serve as jurors, as set forth and required in sections two hundred five and two hundred 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 two hundred five and two hundred six of this code, a list of men and women to serve as trial jurors in the superior court of said county during the ensuing year, or until a new list of jurors shall be provided. In counties and cities and counties having a population of ninety thousand inhabitants or over, such selection shall be made by a majority of the judges of the superior court; provided, further, that in counties of the first class, where a session or sessions of the superior court are held in cities other than the county seat, it shall be the duty of the judge presiding in each such respective session, to make an order in the manner and within the time above specified, designating the estimated number of trial jurors that will, in his opinion, be required for the transaction of the business of said session of said court and the trial of causes therein during the ensuing year, or until new lists of jurors shall be provided, and it shall also be the duty of said judge to make such selections and listings of men and women suitable and competent to serve as jurors from men and women residing within the township within which said city is located.-1923. 204a. In any county or city and county in which as provided by the preceding section, the selection of persons to serve as trial jurors is made by a majority of the judges of the superior court, a majority of the judges of such court, to assist the judges thereof in making selections of trial jurors and grand jurors, and whenever in their opinion the business of the court requires it, may, in their discretion, appoint a jury commissioner for such county or city and county, who shall receive a salary of three hundred dollars per month, not exceeding, however, one thousand five hundred dollars in any one fiscal year, and shall hold office at the pleasure of a majority of the judges of such court. Said salary shall be audited, allowed and paid out of the general fund of such county or city and county.-1917-1169. 204b. Annually and pursuant to written rules or instructions adopted by a majority of the judges of such court, the jury commissioner shall furnish the judges of the court a list of persons qualified to serve as trial jurors or grand jurors during the ensuing year, or until a new list of jurors shall be required. A majority of the judges of the court may, from time to time, adopt such rules and instructions as may be necessary for the guidance of the jury commissioner, who shall at all times be under the supervision and control of the judges of the court.-1917-1169. 204c. It shall be the duty of the jury commissioner diligently to inquire and inform himself in respect to the qualifications of persons resident in his county or city and county who may be liable under the provisions of the laws of this state to be summoned for jury duty. He may require any person to answer, under oath to be administered by him, all such questions as he may address to such person, touching his name, age, residence, occupation and qualifications as a juror, and also all questions as to similar matters concerning other persons of whose qualifications for jury duty he has knowledge. The commissioner shall have power to administer oaths. He shall be allowed his actual traveling expenses incurred in the performance of his duties while visiting the respective townships in the county, such traveling expenses to be audited, allowed and paid out of the general fund of the county.-1917-1169. 204d. Pursuant to the rules and instructions adopted by a majority of the judges of the court, the jury commissioner shall return to the judges the lists of persons recommended by him for jury duty. The judges of said superior court shall examine the jury lists so' returned and from such lists a majority of said judges may select, to serve as trial jurors and grand jurors, respectively, in the superior court of said county or city and county during the ensuing year, or until a new list of jurors is required, such persons as, in their opinion, should be selceted for such jury duties; provided, however, that the persons so selected shall, in the opinion of the judges selecting the same, be persons suitable and competent to serve as jurors, as set forth and required in this code. The judges, however, shall not be bound to select any names from said lists, but may, if in their judgment the due administration of justice requires, make all or any selections from among the body of persons in the county or city and county suitable and competent to serve as jurors regardless of the lists returned by the jury commissioner.-1917-1170. 204e. In any county or city and county where there is a secretary of the superior judges of such county or city and county, a majority of the superior judges may in their discretion require such secretary to perform the duties of jury commissioner in addition to his regular duties as secretary. In such case the salary of the secretary of the superior judges shall be four hundred fifty dollars a month.-1921-1494. |