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hereby repealed and this act shall take effect and be in force from and after the date of its passage and approval.

CHAPTER 116.

AN ACT TO DEFINE THE QUALIFICATIONS AND REGULATE THE

DRAWING OF JURORS. A. C. B. No, 111; Approved March, 16, 1905.

CONTENTS.

Sec. 1. Qualifications for service as grand and petit juror.
Sec. 2. Classes exempted from services.
Sec. 3. Jury commission.
Sec. 4. Jury commission to select persons liable to jury duty. Nitmes selected to

be recorded.
Sec. 5. Oath of jury commissioners
Sec. 6 County commissioners to provide district clerk with box,
Sec. 7. Tampering with box a misdemeanor. Penalty.
Sec. 8. Clerk to insert names selected by jury commission in box
Sec. 9. Selection of grand and petit jurors. Provisos.
Sec. 10. When person selected as jurors will be excused.
Sec. 11. Cerk to keep record of names drawn from box as well as names placed in

box. Lists open to inspection. Lists and names must correspond. Sec. 12. Filling or completing panel. Proviso. Sec. 13. Provision for boxes in counties where causes are tried under the laws of the

United States. Sec. 14 U. S. Marshal to provide box required in section 13. Sec. 15. County commissioners to prepare and send to clerk of district court. jury

lists. Sec. 16. Provisions relating to vacancies. Sec. 17. District judge to apportion names to be drawn for jury duty in U. S. cases. Sec. 18. No name to be placed on list which was on, in previous calendar year. Sec. 19. Jurors for courts to be held after May 15, to be drawn and selected under

provisions of this act. Sec. 20. Judge of district being unable to perform duty, judge of another district to

perform. Judges to make proper orders for enforcement of act. Sec. 21. Box to be shaken before names drawn. Sec. 22. Failure of clerk to place on jury venire name of proper person, a misdemea.

nor. Penalty. Sec. 23 Omcers failing to enforce provisions of act, guilty of misdemeanor. Penalty. Sec. 24 Duty of officer in summoning persons. Sec. 25. Number in grand jaries. Return of venire. Sec. 26. Compensation of jury commissioner. Sec. 27. Chapter 66, Laws of 1899, regarding the selection of jurors, repealed. Be it enacted by the Legislative Assembly of the Territory of New

Mexico:

Section 1. Every male citizen of the United States over the age of twenty-one years of sound mind who has been a bona fide resident

a of the territory for one year of the county and district for which he may be selected or drawn for six months immediately preceding his being selected or drawn as a juror who has not been convicted of any infamous crime or subject to any of the disqualifications mentioned in the next succeeding section shall be qualified and liable to be selected, summoned and serve as grand and petit jurors in the county or district where he resides.

Sec. 2. The following classes of persons and none others shall be exempt from sitting or serving as jurors in any of the courts of this territory. All persons holding any office of trust or profit in this territory by virtue of their appointment or commission from the government of the United States, or territorial, district or county offices except notary public and school director; all practicing physicians, attorneys-at-law, ministers of the gospel, professors and teachers of colleges, and other institutions of learning who are actually engaged in following their business or profession and all persons over the age of sixty years, but, no disqualification or exemption shall of itself vitiate any indictment found or any verdict rendered by any jury unless actual injury to the person complaining of the same shall be shown but such exemption shall operate as an excuse from jury service.

Sec. 3. That it shall be the duty of the several judges of the district courts to summon before him in open court at least once a year in the several counties of the territory where courts are to be held and to appoint three persons of integrity and good repute, who are qualified to serve as jurors under the provisions of this act, not more than two of whom shall belong to the same political party, to constitute a jury commission for said county for a period of twelve months succeeding the date of such appointment.

Sec. 4. Said jury commission shall select at least three hundred names provided there are so many persons in said county possessing the qualifications for jurors and if not then such number as the judge may order and such additional number of names as the judge of the court may direct them to select in counties having large population. For the purpose of determining how many jurors are to be selected the judge shall take into consideration the population of the counties but the number so selected shall in all cases equal one-tenth of the voting population of said counties as shown by the last resgistration of voters in said county, the persons so selected shall possess the qualifications of jurors as provided by this act. The names so selected shall be entered upon a roll or in a well bound book kept for that purpose, which books shall be delivered to the clerk of the district court for the judicial district in which

such county is located and said names shall be written in a clear, distinct and legible manner.

Sec. 5. The said commissioners shall attach to the said list an oath taken and subscribed by him before some person authorized to administer oath, in the form following: “We,.. the jury commissioners appointed to serve as a jury commission within and for the county of...... Territory of New Mexico, do solemnly swear that the foregoing list containing...... names of persons selected by us to form a jury list for the ensuing twelve months are persons who are liable and qualified to serve as jurors in the Territory of New Mexico so far as each of us had been able to ascertain after diligent inquiry and examination and we do further solemnly swear that we have not knowingly placed upon the said list the name of any person who is not believed by us to be liable and qualified for jury duty and that we have selected the said list impartially and to the best of our ability in accordance with provision of the jury law as explained to us by the judge of the district court, and that we have not selected any person whom we have reason to believe has any interest directly or indirectly in any suit, cause or action, criminal or civil now pending or which is liable to be under investigation or come before the said court for trial during the next ensuing twelve months and that we have not selected any person through favor or partiality, or for any other reason except to provide a list of suitable persons for jury duty in said county, and that we have placed no name on said list at the suggestion of any person other than ourselves. So help us God.

Subscribed and sworn to before me this

... day of

Sec. 6.—It shall be the duty of the several boards of county commissioners in the various counties of this territory to provide the district clerk of the judicial district within which said boards of county commissioners respectively reside, one wheel or box, constructed in part of glass in such a manner that the entire contents of such wheel or box may be clearly visible when such wheel or box is closed and locked, as hereinafter provided, and also all necessary materials for sealing and locking the said wheels or boxes in accordance with the provisions of this act.

Sec. 7. It shall be the duty of the district clerk to carefully preserve and protect the wheel or box so provided and any clerk who shall fail so to do willingly and any person who shall knowingly or wilfully break or destroy any such wheel or box while the same contains the names of jurors as hereinafter provided or who shall unlawfully take or remove therefrom any name therein contained, or who shall unlawfully insert or put therein any name of any person except as provided by the terms of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished thereof by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the penitentiary or county jail not to exceed two years or by both such fine and imprisonment in the discretion of the court.

Sec. 8. It shall be the duty of the clerk of the district court to transcribe the names selected by the said commission as required by this act upon slips of plain white paper two inches long and a half inch wide, not more than one name on each slip of paper and having so transcribed the names to fold said slips in a uniform way in such a manner that no part of the same so written upon any one of said slips of paper can be seen without unfolding the same and in the presence of the district judge and such citizens as shall desire to be present to insert the said slips in one of the wheels or boxes provided for by this act to be furnished by the county commissioners and to secure the said lock and seal of the said wheel or box and to deliver the key thereof to the judge of the district court.

Sec. 9. Not less than ten days nor more than thirty days before the first day of any term of each district court to be held in any county of this territory, it shall be the duty of the judge of the district court with the assistance of the clerk of this court and in the presence of at least three of the representative citizens of the county and such other citizens as shall desire to be present to draw from the said wheel or box a sufficient number of names from which to constitute the grand jury and a sufficient number from which to constitute the petit jury at said ensuing term of court and the slips of paper containing the names so drawn shall be by the clerk then and there transcribed and placed of record in said court and shall constitute the venires for grand and petit jurors, and the said venires having been made up the said list attested by the signature of the judge shall be sealed up in an envelope, properly endorsed and preserved until the jurors shall be regularly empaneled for such term of court: Provided. Ilowever, That the district judge may at his discretion, cause to be drawn for grand jurors six names in excess of the number required by law to constitute a grand jury and not exceeding twelve names in excess of the number necessary to constitute a petit jury: And, Provided, Further, That the names so drawn shall be set down upon the list in the order in which they are drawn from the wheel or box: And Provided, Further, That if a number more than sufficient for the organization of the respective juries shall be summoned by the sheriff the juries shall be made up of the qualified persons so present, in the order in which their names are drawn from the wheel or box, except as to such persons who may be excused by the court for good cause shown. At least ten days before the drawing of the names from the box or wheel as provided by this section, notice of the time and place of drawing the same shall be given by posting such notice on the court house door of the county or publishing same in some newspaper in the county.

Sec. 10. Any persons summoned as jurors under the provisions of this act shall not be excused from service by the district judge except for good and sufficient reasons. If it shall appear to the judge of the district court that any person whose name shall be found in the wheel or box containing the name of the jurors, or that such person is not a person of good moral character or not qualified to serve as provided by this act, the judge of the district court may cause the name of any such person or persons to be taken from the list and the slip or slips containing the name or names. of such person or persons to be destroyed, when drawn in the regular course.

Sec. 11. The district clerk shall keep a list of the names drawn from said box or wheel as well as the list of the names placed in said box or wheel so that from inspection of the same it can always be ascertained what names have been drawn from said box or wheel and what names should remain in the same. Said list shall be open for inspection at the time of the drawing of the jurors of any citizen who shall demand the right to inspect the same, and upon application to the court by any person interested in any cause civil or criminal pending in said court or to be investigated by any grand jury in said court or his attorney the court shall cause the said box to be opened in his presence and the slips with the names thereon, contained therein, to be opened and compared with the lists required to be kept by this section and if any name is missing from the said box or wheel, or any name is found therein which is not in accordance with the said lists; that is to say, if the names in said box fail to correspond with the names which said lists show should be in the box at the time of such examination, then the judge shall cause the proper correction to be made in the same slips in

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