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$ 327. A person exempt from jury service, and whose name is placed on the jury list, may present the evidence of his exemption to the assessors, and his name shall thereupon be struck from the list, and another substituted for it.
§ 328. The jury list, when completed, shall contain the names of the jurors, in the same relative order in which they are entered on the assessment roll, with the occupation of each juror, set opposite to his name, and shall be numbered in that order, from one to the highest number selected, by figures set opposite to the names, respectively.
Those having the figure one, three, five, and so on, in alternate numbers, shall constitute the trial jury, for the courts of record, for one year; the remaining names shall constitute the grand jury for the same year; and the whole, shall constitute the town or ward jury, for the next succeeding year.'
$ 329. One copy of such jury list shall be immediately filed in the office of the clerk of the town, and another transmitted to the county clerk, and filed in his office, each of which, shall be certified by the assessors to be the jury list for the year. The jury lists may be transmitted by mail, or any other safe conveyance; and in case of loss, a new copy may be obtained, by the county clerk, from the assessors, or the town clerk's office.
$ 330. On the completion of the return of jurors from the several towns and wards, and before the drawing
of a jury for any court to be held in the month of October in each year, the county clerk shall destroy all the ballots in the grand and trial jury boxes, and make new ballots for each box, from the lists so returned, by writing the names on separate slips of paper, similar in size and appearance, one name on each slip, folded so as to conceal the name, and shall deposit the same in two separate boxes, the grand and trial jurors each having an appropriate box, to be marked and known as
$ 331. At the first selection of jurors under this act, a separate list of jurors, to serve one year only, as town or ward jurors, shall be selected by the same officers, who are required to select the county jurors, and a separate list thereof shall be filed in the several town clerks' offices; in a city having no town clerk, it shall be filed in the office of the county clerk.
$ 332. The jurors shall be selected in such manner, as that the same person shall not be placed on the jury list, for two successive years, except that, in towns where the number of persons, whose names are on the assessment roll, is so small, that seventy-two competent jurors cannot be obtained, the number of jurors, returned as county jurors, shall not exceed one-half the number of competent jurors; and in such case, all the competent jurors, shall be subject to duty as town jurors.
$ 333. The court shall discharge any person from serving as a juror,
1. When such person is not a qualified juror within the provisions of section 325 of this chapter:
2. When there is any legal exception against him:
3. When such person is a non-commissioned officer, musician or private of a uniformed company or troop, and is duly equipped and uniformed accordiog to law, and shall claim such exemption. The evidence of such exemption shall be the certificate of the commanding officer of the company or troop, that the person claiming the same is a member of such company, and is duly equipped and uniformed, according to law. Such certificate must be dated within three months of the time of presenting the same; and the signature must be verified by oath. Every such certificate shall be filed with the clerk of the court to which it shall be offered:
4. When such person is a member of any company of firemen, duly organized according to law:
5. When such person is in the actual employment of any glass, cotton, linen, woolen or iron manufacturing company, by the year, month or season :
6. When such person is a superintendent, engineer or collector of any canal authorized by the laws of this state, any portion of which, shall be actually constructed and navigated :
7. When such person is a minister of the gospel, or teacher in any college or academy, or when such per
son is or shall be specially exempted by law from serving on juries.
$ 334. When the court shall have discharged juror, for any of the causes in the last section specified, the clerk shall destroy the ballot containing the name of such juror.
$ 335. The court to which a person shall be returned as a juror shall excuse him from serving at such court, whenever it shall appear,
1. That he is a practicing physician, and has patients requiring his attention; or,
2. That he is surrogate, or justice of the peace, or executes any other civil office. the duties of which are, at the time, inconsistent with his attendance as a juror:
3. That he is a teacher in any school, actually employed and serving as such
4. When, for any other reason, the interests of the public, or of the individual juror, will be materially injured by such attendance; or his own health, or that of any member of his family, requires his absence from such court:
And when any person shall be so excused from serving his name shall be returned to the box from which it was taken.
§ 336. After the adjournment of the court at which any jurors shall have been returned, as herein provided, the clerk shall deposit the ballots containing the names of those who attended and served as jurors, in a box distinct from that, from which they were taken ; and the ballots containing the names of those who did not appear and serve as jurors, which shall not have been destroved, shall be returned to the box from which they were taken.
$ 337. The county clerk shall return to the box from which they were taken, the names of those jurors who appear, from such certified list, to have been excused from serving, or to have made default in their appearance; he shall destroy the ballots containing the names of those who were discharged on account of their being exempt, or by reason of being unqualified; and he shall deposite the ballots containing the names of those who appeared and served, in a separate box, distinct from that from which they were taken.
Of drawing from the trial jury box, and summoning and empanneliing trial juries
in civil actions.
$ 338. At least fourteen, and not more than twenty da s before the time appointed for the holding of a court at which a trial jury for civil actions is required, the clerk of the county shall draw the names of thirtysix jurors, to serve at such court, as trial jurors. When any greater number of jurors has been ordered, according to law, he shall, at the same time, draw such additional number.