tion precinct from which each juror was selected; one of said lists for the district court shall be delivered to the clerk of the district court and there retained, and the list for the county court to the judge of the county court of said county, and there retained." " § 1155. District court-How drawn "The district clerk, or his deputy, as soon as said list is delivered to him, shall forthwith write each of said names upon a separate slip of paper, which slips shall be of uniform size and color, and shall fold said slips, and place them in a box provided with two locks and keys, of different designs, and securely lock the same, leaving no opening when said box is closed and locked. The key of one lock shall be retained by the clerk, or his deputy, and the other one shall be delivered to the sheriff of said county, or his deputy. Prior to or during any term of court at which a grand or petit jury shall be required, the judge of the district court shall certify to the clerk of the district court the number of jurors that will be required for either a grand or petit jury and shall direct said jury to be drawn and summoned at such time as he may indicate. Upon receiving such order, the clerk of the district court, or his deputy, shall notify the sheriff, or his deputy, of the time of the drawing of such jury, and the sheriff, or one of his deputies, and the clerk of the district court, or one of his deputies, shall take the box containing the names of jurors so selected, and thoroughly shake the same. They shall then, together, in the presence of each other, open said box, and, after placing the same in a position that neither can see into it, shall draw from it alternately one at a time, and record the same, until the number of jurors have been drawn, as required for any term of court as specified in the order of the judge. As soon as said jurors are drawn and the names are recorded, the slips drawn shall be destroyed, and the box with unused names shall be securely locked and retained in the office of the district clerk, one key being retained by the sheriff, or his deputy. The list of names, as originally delivered by the commissioners shall be sealed in an envelope and filed in the clerk's office. Upon the completion of said drawing, said clerk, or his deputy, shall issue separate venires for the grand and petit jurors, returnable at such a time as the judge in his order may direct. The first names drawn, to the number stated in the 98 Rev. Laws 1910, § 3691. judge's order, not to exceed twenty-four, if a grand jury is ordered, shall be summoned as grand jurors, and the grand jury shall be empaneled from said persons. If the judge so directs, the persons summoned for the grand jury panel and not used may be transfer, red to the petit jury panel. Additional and other drawing of as many names as the court may order may be had at any such time as the court or judge may order for the completion of a grand or petit jury panel, or for the empaneling of a new grand or petit jury, during any term of court, if, in the judgment of the court the same shall be necessary, or, if, for any cause, the court, in its discretion, shall deem other jurors necessary. The court may excuse or discharge any person drawn and summoned as a grand or petit juror, whenever, in its discretion, such action shall be deemed expedient. No juror shall be allowed to serve more than two weeks at one term, unless at the end of such period, he is upon a panel engaged in the consideration of a case, in which event he may be excused when such case is terminated: Provided, that if the judge is of the opinion that the jury business of a term of court may be concluded within six days, he may require a jury, or a juror, to remain until the termination of said jury service, by entering an order to that effect upon the court journal; and this provision shall apply to both the district and county courts." ** § 1156. Venires-How served-Form "The summons of the venires for the grand and petit juries for the district and superior courts and the petit juries for the county courts of this state shall be served by the clerk of such court by mailing a copy of such summons containing the time, place and the name of the court upon which said jurors are required to attend, by registered mail to the person named in the venires not less than ten (10) days before the day said juror is to appear as a juror in such court. The clerk shall make a return of such service by filing therewith the registry return of the service thereof; provided, that this shall not prevent service of special venire or talesmen by the sheriff of the county." 95 94 Rev. Laws 1910, § 3692. 95 Sess. Laws 1913, p. 113, § 1, amending Rev. Laws 1910, § 3695. You are hereby summoned and commanded to be and appear before the district court to be held in and for said county in the city A. D. 19, at the hour of of day of on the Hereof fail not under penalty of law. By § 1157. Open venires-Talesmen-Form 19-. day of "At any time during the term of any court, after the petit jury has been drawn and summoned in the manner herein provided for, when, for the trial of any cause, civil or criminal, the regular panel of jurors shall appear to be insufficient, the jury may be completed from talesmen, or the court may direct that an open venire be issued to the sheriff or other suitable person, for such number of jurors as may be deemed necessary, to be selected from the body of the county, or from such portion of the county as the court may order: Provided, that no person shall serve as a talesman oftener than once a year." 96 (Caption.) OPEN VENIRE FOR JURY County-Greet The State of Oklahoma to the Sheriff of ing: persons possess You are hereby commanded to summon ing the qualifications of jurors, from the body of the county and not from the bystanders, to be and appear before this court at the court room thereof in the court house in the city of -, said county and state, on the day of, 19, at the hour of o'clock m., to serve as jurors in a case there pending in 96 Rev. Laws 1910, § 3693. which A. B. is plaintiff and C. D. is defendant, until excused by this court, and thereof to fail not at their peril; and have you then and there this writ with your return hereof. Witness the honorable thereof, this (Seal.) § 1158. day of County court-How selected "The county judge or his clerk shall, as soon as said list is delivered to him, forthwith write each of said names upon a separate slip of paper, which shall be of uniform size and color, and shall fold said slips and place them in a box provided with two locks and keys, of different designs, and securely lock the same, leaving no opening when said box is closed and locked, and the key of one lock shall be retained by the county judge, or his clerk, and the other key shall be delivered to the sheriff of the county or his deputy, and said box retained in the office of the county judge. The list of names, as originally delivered by the commissioners, shall be sealed in an envelope and filed in the county clerk's office. Prior to, or during, any term of court, at which a petit jury may be required for the trial of either civil or criminal cases, the county judge shall proceed, either personally, or through his clerk, to notify the sheriff of said county of the time of the drawing of not to exceed twentyfour names from said box. Upon receipt of said notice the sheriff, or one of his deputies, and the county judge, or his clerk, shall take the box containing the names of the jurors for the county court and thoroughly shake the same. They shall then, together in the presence of each other, open said jury box, and after placing the same in a position that neither can see into it, shall draw therefrom alternately, one at a time, and record the same until the required number of jurors have been drawn. As soon as said jurors are drawn and the names recorded, the slips so drawn shall be destroyed and the box with the unused names shall be securely locked and retained in the office of the county judge; one key being retained by the sheriff, or his deputy, as aforesaid. Upon the completion of said drawing, the venire shall be issued by said. county judge, or his clerk, containing the names of said jurors returnable at such time as the judge shall, in his order, direct: Pro vided, that additional and other drawings may be had at such times as the judge of said county court may order for the completion of the panel, or for the impaneling of a new jury during the term, if, in the judgment of the court, the same becomes necessary. The court may, for any cause in its discretion, excuse any person drawn and summoned as a petit juror. Jurors in the county court shall receive the same compensation as jurors in the district § 1159. Procedure when regular panel exhausted "At the trial of any cause in the county court, after the regular panel has been discharged, and after the issues shall have been made up if, in the discretion of the court, justice will be best subserved by so doing, the judge thereof may forthwith issue an order directed to the sheriff, or his deputy to summon twelve good and lawful men, from the body of the county, possessing the qualifications of jurors, as provided herein, and should one or more of said jurors so summoned be disqualified to try said cause, the judge shall forthwith order one or more jurors to be summoned as herein provided, until the full number of twelve jurors qualified to try such cause shall be in the jury box, from which a jury of six shall be selected and qualified to try such cause. Each party shall have the right to three peremptory challenges, which shall be by striking three names, and the six remaining shall constitute the jury to try the cause." 98 § 1160. Qualifications of jurors-Exemptions "All male citizens, residing in this State, having the qualifications of electors, of sound mind and discretion, of good moral character, not justices of the Supreme Court or judges of the Criminal Court of Appeals, district court, superior court or county court, sheriffs or deputy sheriffs, constables, jailers, licensed attorneys engaged in the practice of law, habitual drunkards, not afflicted with a bodily infirmity amounting to a disability, and who have never been convicted of any infamous crime or served a term of imprisonment in any penitentiary, for the commission of a felony, are competent jurors to serve on all grand and petit juries within their coun 97 Rev. Laws 1910, § 3694. 98 Rev. Laws 1910, § 3696. |