the same in such manner that the facts relating to any locality may promptly communicated to the enquirer.

Location of

SEC. 3. That the said Commissioner shall be specially charged to ascertain, by advertisement or otherwise, the location of lands for sale, and lands for sale. to cause said lands, after having been duly laid off and described, to be registered, together with the price demanded and the conditions of pay

ment.

SEC. 4. That the said Commissioner shall, by official publications in Publications. the journals of the North and West, by correspondence and pamphlets, convey this information, describe the lands thus offered for sale, and the advantages which this State offers in soil, climate, productions, and-soforth, to the industrious and frugal citizen, and at the same time invite him to bring hither his means, and aid in the promotion of general prosperity.

answer

SEC. 5. That the said Commissioner shall be charged with the duty of To answering all communications on the subject of the resources of the inquiries. State that may be referred to him, and do all in his power to encourage the influx of capital and the growth of new enterprise.

SEC. 6. That the Commissioner shall be paid for his services the salary of fifteen hundred dollars per annum, and be authorized to employ a clerk at a salary not exceeding five hundred dollars per annum; the said sums, together with the necessary expenses of the office, such as printing, advertising, registry books, postage, stationery, rent, and-soforth, to be paid from the balance of the appropriation made under the Act of December, 1866, entitled "An Act for the encouragement and protection of European immigration," &c.

SEC. 7. That the said Commissioner shall make a report of his proceedings, and a special report on railroads and telegraphs, to the Governor of the State, annually, or as often as he may require.

SEC. 8. That all Acts inconsistent with the provisions of this Act are hereby repealed.

In the Senate House, the twenty-sixth day of September, in the year of our Lord one thousand eight hundred and sixty-eight.

L. BOOZER, President of the Senate.

FRANKLIN J. MOSES, JR., Speaker House of Representatives. Approved: ROBERT K. SCOTT, Governor.

Salary.

Clerk. Expenses allowed.

Reports.

AN ACT TO REGULATE THE MANNER OF DRAWING JURIES.

No. 64.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, All persons who are qualified to vote in the choice of Representatives in the General Assembly shall be liable drawn. to be drawn and serve as jurors, except as hereinafter provided.

Persons liable to be

SEC. 2. The following persons shall be exempt from serving as jurors, Persons exto wit: The Governor, Lieutenant-Governor, Attorney-General, Comp- empt. troller-General, State Auditor, State Treasurer, Secretary of State, mem

Manner of drawing.

List posted

up.

List box.

Disqualified.

Writs jurors.

for

bers and officers of the Senate and House of Representatives during the session of the General Assembly, Judges and Justices of any Court, (except Justices of the Peace,) County Commissioners, County Auditors and Treasurers, Clerks of Courts, Registers of Mesne Conveyances, Sheriffs and their deputies, Coroners, Constables, the Marshals of the United States and their deputies, and all other officers of the United States, counsellors and attorneys at law, ordained ministers of the Gospel, officers of colleges, preceptors and teachers of incorporated academies, practicing physicians and surgeons regularly licensed, cashiers and tellers of incorporated banks, editors of daily newspapers, constant ferrymen, such officers and employees of railroads as are now exempt by law, and persons who are more than sixty-five years old.

SEC. 3. No person shall be liable to be drawn and serve as a juror in any Court oftener than once in every year, but he shall not be so exempt unless he actually attends and serves as a juror in pursuance of the draft: Provided, No person shall be exempt from serving on a jury in any other Court in consequence of his having served before a Justice of the Peace.

SEC. 4. The Selectmen of each town shall once in every year prepare a list of such inhabitants of the town, not absolutely exempt, as they think well qualified to serve as jurors, being persons of good moral character, of sound judgment, and free from all legal exceptions; which list shall include not less than one for every twenty voters of the town, and not more than one for every ten voters, computing by the first registration after the passage of this Act, and thereafter in each year, computing by the last registration.

SEC. 5. The list, when so prepared, shall be posted up by the Selectmen in two public places in the town or city ten days, at least, before it is submitted for revision and acceptance, and shall then be laid before any regularly called town meeting; and the town meeting may alter it, by adding the names of any person liable to serve, or striking any names therefrom.

SEC. 6. Of the list adopted by the town the Selectmen shall cause the names to be written each on a separate paper or ballot, and shall roll up or fold the ballots, so as to resemble each other as much as possible, and so that the name written thereon shall not be visible on the outside, and they shall place the ballots in a box to be kept by the Town Clerk for that purpose.

SEC. 7. If any person whose name is so placed in the jury box is convicted of any scandalous crime, or is guilty of any gross immorality, his name shall be withdrawn therefrom by the Selectmen, and he shall not be returned as a juror.

SEC. 8. The County Clerks in each County, at least fifteen days before the commencement of any regular term of the Court of General Sessions for the County, and ten days before any special session requiring a jury, and in the County of Charleston like periods before the first of each alternate week of the Court of Common Pleas, and at such other times as the respective Courts may order, shall issue writs of venire facias for jurors, and shall therein require the attendance of jurors on the first day of the term, and for the Court of Common Pleas for the County of Charleston on the first and each alternate week thereafter, and such other days as the Courts may order. The petit jurors returned for the Court of General

Sessions for Charleston County shall serve for the term, and the jurors returned for the Court of Common Pleas for two weeks.

A. D. 1868.

Jurors pro

SEC. 9. The Clerks in issuing the venires shall require from each town and city a number of jurors as nearly as may be in proportion to their portioned to respective number of inhabitants, so as to equalize, as far as possible, the population. duty of serving as jurors.

to Sheriff.

SEC. 10. The venires shall be delivered to the Sheriff of the County, Venires to be and by him transmitted to a Constable in each of the towns and cities to transmitted which they are respectively issued, and they shall be served by the Constable without delay on the Selectmen and Town Clerk.

Additional

SEC. 11. Nothing contained in the preceding Sections shall prevent any Court from issuing venires for additional jurors in term time, whenever it jurors. is necessary for the convenient dispatch of their business; in which case the venires shall be served and returned, and the jurors required to attend on such days as the Court shall direct.

Places inter

SEC. 12. When a suit is pending in the Circuit Court, wherein the inhabitants of any town in the County are interested, the Judge of the ested. Court, in term time or in vacation, may order the Clerk of the Court to issue writs of venire facias for a sufficient number of jurors to try such cause, from any town whose inhabitants are not so interested, and the Clerk shall issue a venire facias accordingly.

Drawing ju

SEC. 13. All jurors, whether required to serve on grand or petit jury, shall be selected by drawing ballots from the jury box, and the persons ries. whose names are borne on the ballots so drawn shall be returned to serve as jurors.

draw names.

SEC. 14. When jurors are to be so drawn, the Town Clerk and Select Selectmen to men shall attend at the Clerk's office, or some other public place appointed for the purpose, and if the Clerk is absent, the Selectmen may proceed without him. The balance in the jury box shall be shaken and mixed together, and one of the Selectmen, without seeing the names written thereon, shall openly draw thereform a number of ballots equal to the number of jurors required. If a person so drawn is exempt by law, or is unable by reason of sickness or absence from home to attend as a juror, or if he has served as a juror in any Court within the year then next preceding, his name shall be returned into the box, and another drawn in his stead.

Transfer of

SEC. 15. When a person is drawn and returned to serve as a juror in any Court, the Selectmen shall endorse on the ballot the date of the draft, names. and return it into the box; and whenever there is a revision and renewal of the ballots in the box, the Selectmen shall transfer to the new ballots the date of all the drafts made within the year then next preceding.

May be drawn in town meet

SEC. 16. Any town may, at a legal meeting, order that all drafts for jurors therein shall be made in open town meeting; in which case the draft shall be made by the Selectmen in the manner prescribed in the ing. two preceding Sections, except that it shall be done in town meeting. In such town when a venire is served upon the Selectmen, they shall cause a town meeting to be notified and warned for that purpose, in the manner ordered by the town, or otherwise prescribed by law.

Meeting

SEC. 17. The meeting for drawing jurors, whether the draft is made in town meeting, or before the Selectmen and Town Clerk only, shall be when held. held not less than seven nor more than fifteen days before the day when the jurors are required to attend.

A. D. 1868.

Jurors to be summoned.

Provision for cities.

Em panneling juries.

Supernumerary jurors.

Foreman.

Criminal

cases.

To complete a panel.

HOW turned.

re

Jurors ex

SEC. 18. The Constable shall, at least four days before the time when the jurors are required to attend, summon each person who is drawn by reading to him the venire, with the endorsement thereon of his having been drawn, or by leaving at his place of abode a written notification of his having been drawn, and of the time and place of the sitting of the Court at which he is to attend, and shall make return of the venire, with his doings thereon, to the Clerk before the opening or time of holding the Court from which it issued.

SEC. 19. A list of jurors in cities shall be prepared and posted therein, by the Mayor and Aldermen, in like manner as required of Selectmen ; and when posted for ten days shall be submitted to the Mayor and Aldermen, who shall have power to revise and accept the same.

SEC. 20. The Mayor and Aldermen and the Clerks of each city shall, severally, have and exercise all the powers and duties, with regard to drawing, and all other matters relating to jurors therein, which are in this Act required to be performed by the Selectmen and Town Clerks of their respective towns; and all venires for jurors to be returned from cities shall be served on the Mayor and Aldermen.

SEC. 21. On the day when the jurors are summoned to attend at any Court, the Clerk shall prepare a list of their names, arranged in alphabetical order. The first twelve on the list who are not excused shall be sworn and empanneled as a jury for the trial of causes, and shall be called the first jury. The next twelve on the list shall then be sworn and empanneled in like manner, and shall be called the second jury.

SEC. 22. Supernumerary jurors may be excused from time to time until wanted, and may be put on either of the juries, as occasion requires, in the place of absentees. Nothing herein contained shall prevent the transferring of jurors from one jury to the other, when the convenience of the Court or of the jurors require it.

SEC. 23. Each jury, after being thus empanneled, shall retire and choose their foreman, or shall make such choice upon retiring with the first cause with which they are charged; and whenever the foreman is absent or excused from further service, a new foreman shall be chosen in like

manner.

SEC. 24. Nothing contained in the preceding Sections shall apply to the empanneling of juries in criminal cases; but the jurors shall be called, sworn and empanneled anew for the trial of each case, according to the established practice; and their foreman shall be appointed by the Court, or by the jury when they retire to consider their verdict.

SEC. 25. When, by reason of challenge, or otherwise, a sufficient number of jurors duly drawn and summoned, cannot be obtained for the trial of any cause, civil or criminal, the Court shall cause jurors to be returned from the bystanders, or from the County at large, to complete the panel : Provided, That there are on the jury not less than seven of the jurors who were originally drawn and summoned as before provided.

SEC. 26. The jurors so returned from the bystanders shall be returned by the Sheriff or his deputy, or by a Coroner, or by any disinterested person appointed therefor by the Court, and shall be such as are qualified and liable to be drawn as jurors according to the provisions of law.

SEC. 27. The Court shall, on motion of either party in a suit, examine amined on on oath any person who is called juror therein, to know whether he is related to either party, or has any interest in the cause, or has expressed

oath.

or formed any opinion, or is sensible of any bias or prejudice therein; and the party objecting to the juror may introduce any other competent evidence in support of the objection. If it appears to the Court that the juror is not indifferent in the cause, another shall be called and placed in his stead for the trial of that cause.

A. D. 1868.

Cause of

SEC. 28. In indictments and penal actions for the recovery of a sum of money or other thing forfeited, it shall not be a cause of challenge to a challenge. juror that he is liable to pay taxes in any County, city or town which may be benefited by such recovery.

SEC. 29. If a party knows of any objections to a juror in season to Objections propose it before the trial and omits to do so, he shall not afterwards be to be before allowed to make the same objection, unless by leave of the Court.

trial.

SEC. 30. No irregularity in any writ of venire facias, or in the drawing, Irregulari summoning, returning or empanneling of jurors shall be sufficient to set ties. aside a verdict, unless the party making the objection was injured by the irregularity, or unless the objection was made before the returning of the verdict.

set aside the

SEC. 31. If either party in a case in which a verdict is returned, dur- Gratuities to ing the same term of the Court, before the trial, gives to any of the jurors shall jurors who try the cause anything by way of treat or gratuity, the Court verdict. may, on the motion of the adverse party, set aside the verdict, and award

a new trial of the cause.

dence.

evi

SEC. 32. When a jury, after due and thorough deliberation upon any Judge may cause, return into Court without having agreed upon a verdict, the Court repeat may state anew the evidence, or any part of it, and explain to them anew the law applicable to the case, and may send them out for further deliberation; but if they return a second time without having agreed upon a verdict, they shall not be sent out again without their own consent, unless they shall ask from the Court some further explanation of the law.

May view

Proviso.

SEC. 33. The jury in any case may, at the request of either party, be taken to view the place or premises in question, or any property, matter premises. or thing relating to the controversy between the parties, when it appears to the Court that such view is necessary to a just decision: Provided, The party making the motion advances a sum sufficient to pay the expenses of the jury and the officers who attend them in taking the view, which expenses shall be afterwards taxed like other legal costs, if the party who advanced them prevails in the suit.

Penalty for

SEC. 34. If a person duly drawn and summoned to attend as a juror in any Court neglects to attend without sufficient excuse, he shall pay a neglect to atfine not exceeding twenty dollars, which shall be imposed by the Court tend. to which the juror was summoned, and shall be paid into the County Treasury.

Neglect of

SEC. 35. When, by neglect of any of the duties required in this Act to be performed by any of the officers or persons herein mentioned, the jurors officers. to be returned from any place are not duly drawn and summoned to attend the Court, every person guilty of such neglect shall pay a fine not exceeding twenty dollars, to be imposed by the same Court, to the use of the County in which the offence was committed.

Fraud

in

SEC. 36. If any City or Town Clerk, Selectman, Mayor or Alderman is guilty of fraud, either by practicing on the jury box previously to a forming ju draft, or in drawing a juror, or in returning into the box the name of

ries.