2. Any other civil officer of this state, or the United States, whose duties are at the time inconsistent with his attendance as a juror;

3. An attorney;

4. A minister of the gospel or a priest of any denomination;

5. A teacher in a college, academy, or school;

6. A practicing physician;

7. An acting noncommissioned officer, musician, or private of a military organization, duly enrolled in the service of the United States or of this state;

8. An acting member of a company of firemen duly organized, and who has been such member for a period of six months next preceding the time when the exemption is claimed;

9. A person who has served, within this state, as an acting member of a company of firemen for the period of seven years;

10. Acting ferryman or millers. [L. 1862; D. Cd. § 919; H. C. § 948.]

§ 967. Fireman and Exempt Fireman not Required to Serve.

No exempt fireman nor any person who has been an active member of any volunteer fire company of this state for one year immediately preceding the time the exemption is claimed, and who then is such member, shall be required to perform any jury duty, or to pay any poll tax, or road tax, excepting a property road tax. [L. 1885, p. 43, § 2; H. C. § 949.]

§ 968. Who Deemed an Exempt Fireman.

Every person who for seven consecutive years has been an active member of any organized volunteer fire company in this state, and any person who has received an exempt certificate from any fire department in this state, shall be deemed an exempt fireman, within the meaning of this act; and any person who, being an active member in good standing of any volunteer fire department within this state, may be transferred to any volunteer fire company within the state, with the consent of such fire department and such other volunteer fire company; and the time so served in such fire department and such volunteer fire company shall be deemed consecutive service in a volunteer fire department within the meaning of this act. [L. 1885, p. 43, § 1; L. 1889, p. 68; H. C. § 950.]

By the act of 1901 (§ 3263 of this code) all active members of the Oregon national guard are declared exempt from all military, poll, or road tax, service on posse comitatus and jury duty, so long as they

continue to be active members of the military organization of the state, and after five years' service shall be exempt from further jury duty, and the adjutant general shall issue them a certificate to that effect.

$ 969. Who May be Excused From Jury Duty.

A person may be excused from acting as a juror when his own health or the death or sickness of a member of his family requires his absence; but no person shall be required to serve as a petit juror at any one term of the court for more than four weeks, and shall upon application be entitled to be discharged from further attendance upon the court as such juror at such term, after he has served for such period of four weeks as aforesaid. [L. 1862; D. Cd. § 920 ; H. C. § 951; L. 1893, p. 83.]

§ 970.

CHAPTER II.

OF THE MANNER OF FORMING JURY LIST.

County Court to Make Jury List.

The county court of each county shall, at its first term of each year, or in case of omission or neglect to do so, then at any following term, make from the last preceding assessment roll of the county a list, denominated the jury list, containing the names of persons to serve as grand and trial jurors until the following year, or new lists be made. [L. 1862; D. Cd. § 921; H. C. § 952.]

A grand juror serving at a term of court commencing June 8, 1900, is eligible, his name appearing on the assessment roll of 1898, since his selection ten days before the term must have occurred in 1899, and his name taken from a list prepared by the county court at its first term in 1899 from the assessment roll of 1898: State v. Carlson, 39 Or. 19, 62 Pac. 1016.

Where a person is entered on the assessment roll as the owner of certain realty, and is allowed an exemption to the full

amount of the assessed value of the realty, he is still a taxable person within the statute requiring grand jurors to be taxable persons, since the statute of exemption exempts personalty only: State v. Carlson, supra.

That the owner of realty entered on the assessment roll transfers it to another before he is drawn as a grand juror does not disqualify him as such juror: State v. Carlson, supra.

§ 971. Names to be Selected Only of Those Qualified and Liable.

In preparing the jury list, the names of those persons only must be selected who are known or believed to be possessed of the qualifications prescribed in section 965, and not entitled to exemption as provided in section 966. [L. 1862; D. Cd. § 922; H. C. § 953.]

The jury list shall contain the names of at least two hundred persons, if there be that number of names of qualified jurors on the assessment roll, and the jury list shall not contain the names of more than six hundred persons. The names entered upon the jury list shall be selected from the different portions of the county in proportion to the number of names of qualified jurors appearing on the assessment roll, so far as practicable: Provided however, that in all counties in this state containing more than fifty thousand inhabitants the jury list shall contain the names of at least five hundred persons. [L. 1862; D. Cd. § 923; H. C. § 954; L. 1893, p. 84, §2; L. 1901, p. 384, § 1.]

§ 973. What Jury List to Contain, and Where Filed.

The jury list shall contain the christian and surname, and the place of residence and occupation, of each person named therein, and shall be certified by the clerk of the county court, and placed on file in the office of the county clerk, within ten days from the time it is prepared. [L. 1862; D. Cd. § 924; H. C. § 955.]

§ 974. County Clerk to Deposit Ballots in Jury Box.

The county clerk shall keep in his office a sufficient box, carefully secured, which is denominated the jury box. On receiving the jury list, he shall

VOL. I.-29.

destroy all ballots remaining in the box, and prepare and deposit in such box separate ballots, containing the name, place of residence, and occupation of each person embraced in the list, and folded as nearly alike as practicable, and so that the name can not be seen. [L. 1862; D. Cd. § 925; H. C. § 956.]

CHAPTER III.

OF THE MANNER OF DRAWING AND SUMMONING THE JURY.

$ 975. Jurors to be Drawn for Circuit and County Courts-Special Provision as to the Latter.

The jurors for every term of the circuit and county court in the county shall be drawn from the names deposited in the jury box; but no jury shall be drawn for such county court, at any term thereof, unless upon the order of the county judge, previously filed with the county clerk: Provided, that a jury may be summoned to attend the county court by order of the judge thereof, for the trial of an issue in such court, as in the court of a justice of the peace. [L. 1862 (code of procedure, p. 227, § 926) ; L. 1864; D. Cd. §926; H. C. § 957.]

§ 976. Number of Jurors to be Drawn for Each Court.

For the circuit court, thirty-one names shall be drawn, from which number the grand and trial jurors for the term are selected as elsewhere provided in this code: Provided, that in districts composed of no more than one county and having more than one judge of the circuit court, a larger number of jurors may be drawn, when ordered by the judges of said court or a majority of them, or by any judge designated to make such order, either by the rules of said court or majority of said judges. For the county court, twelve names shall be drawn, from which number trial jurors are selected in like manner. [L. 1862; D. Cd. § 927; H. C. § 958; L. 1893, p. 84, § 3; L. 1901, p. 384, § 2.]

§ 977. Drawing, when and where to Take Place.

The drawing shall take place at the office of the county clerk, not less than ten nor more than twenty days before the holding of the term of the court at which the jurors are to serve; but if the term be one appointed by the court or judge thereof, the drawing may be at any shorter time before such term, as such court or judge may prescribe in the order appointing such term. [L. 1862; D. Cd. § 928; H. C. § 959.]

$ 978. Drawing, how Conducted.

Whenever jurors are to be drawn, the county clerk shall take to his assistance the sheriff or a justice of the peace for the county and proceed with the drawing as follows:

1. The clerk shall shake the box containing the ballots so as to mingle them as much as possible;

2. He shall then publicly draw out of the box as many ballots as there are jurors required;

3. A minute of the drawing shall be kept, in which the name contained on each ballot drawn shall be entered before another ballot can be drawn;

4. If, when the whole number of ballots is drawn, it appear that a person whose name is drawn is dead, or resides out of the county, that fact shall be entered in the minute of the drawing, and the ballot containing the name destroyed;

5. Another ballot must then be drawn in the place of that destroyed, and the name contained thereon shall in the same manner be entered in the minute of the drawing;

6. The same proceeding shall be had as often as necessary until the requisite number of ballots is drawn, exclusive of those appearing to be dead or nonresidents;

7. The minute of the drawing shall then be signed by the clerk and the attending officer, and immediately filed in the office of the former: Provided, that in districts composed of no more than one county and having more than one judge of the circuit court the assistance of the sheriff and justice of the peace may be dispensed with, and that said drawing shall in all cases take place in open court in the presence of one or more of the judges of said court and under his or their directions, and the minute of the drawing shall then be signed by the clerk and the judge or judges under whose direction the drawing is made. [L. 1862; D. Cd. § 929; H. C. § 960; L. 1901, p. 385, § 4.]

$979. Panel of Names to be Delivered to the Sheriff.

A panel of the names of the persons drawn as jurors, with their places of residence and occupation, and stating for what court and the particular term thereof they were drawn, shall then be made and certified by the clerk, and delivered without delay to the sheriff of the county. [L. 1862; D. Cd. § 930; H. C. § 961.]

$ 980. Jurors, How Summoned.

At least five days before the first day of the term the sheriff shall summon the persons named in the panel delivered to him to attend the court, by giving written notice to each of them personally, or by leaving the same at his place of residence with some person of suitable age and discretion. [L. 1862; D. Cd. § 931; H. C. § 962.]

§ 981. Panel, When and How Returned.

The sheriff shall return such panel to the court at its opening, specifying the persons summoned, and the manner in which each was notified, and the date thereof. [L. 1862; D. Cd. § 932; H. C. § 963.]

§ 982. Penalty for Nonattendance of Juror.

The court to which the panel of jurors is returned by the sheriff may impose a fine not exceeding twenty dollars for each day a juror, without reasonable cause, neglects to attend. If, however, the notice to attend were not personally served, the fine shall not be imposed until, upon an order to show cause, an opportunity is afforded him to be heard. The oath of the juror shall be received in his favor in any proceeding under this section. [L. 1862; D. Cd. § 933; H. C. § 964.]

§ 983. Ballots Drawn, How Disposed Of.

The county clerk shall preserve the ballots drawn, as provided in section 978, until after the adjournment of the court, and shall then,—

1. Destroy the ballots containing the names of those who were discharged for want of a qualification mentioned in section 965, or by reason of an exemption mentioned in section 966;

2. Deposit in the jury box the ballots containing the names of those who did not appear, or were discharged for any other reason than those mentioned in the last subdivision;

3. Deposit in a box to be denominated the box of drawn jurors, the ballots containing the names of those who attended and served. [L. 1862; D. Cd. § 934; H. C. § 965.]

§ 984. Certificate of Clerk Respecting the Attendance of Jurors.

The clerk of the court shall, within one week after its adjournment, make and file in the office of the county clerk a certified list of all the jurors returned to the court, specifying,

1. Those who were discharged for want of qualification, or by reason of exemption;

2. Those who did not appear, or were discharged for any other reason; 3. Those who attended and served, and the per diem and mileage of each. [L. 1862; D. Cd. § 935; H. C. § 966.]

§ 985. Juror Not to be Drawn Twice Until List Exhausted.

Until the ballots in the jury box have all been drawn, including those returned, as provided in subdivision 2 of section 983, the ballots deposited in the box of drawn jurors are not to be drawn from, but whenever the ballots in the jury box have all been drawn, and a new jury list has not been furnished, the ballots of drawn jurors shall all be returned to the jury box, and the jury drawn therefrom as before, until a new list is furnished. [L. 1862 ; D. Cd. § 936 ; H. C. § 967.]

§ 986. Power of Court on Failure of Jurors to Attend.

Whenever, for any reason, the number of jurors, either in whole or in part, required by this code, do not attend a term of the court, or when they have served the full time required by this code as jurors and have been dis