completed, the clerk shall make a copy of the list of names of the persons so drawn, and certify the same. In his certificate he shall state the date of the order, and of the drawing, and the number of the jurors drawn, and the time when, and the place where such jurors are required to appear. Such certificate and list shall be delivered to the sheriff for service. [Approved March 7, 1881; in effect January 1, 1882. 241. Every superior court, whenever in the opinion of the court the public interest must require it, may make and file with the county clerk an order directing a jury to be drawn, and designating the number, which in case of a grand jury shall not be less than twenty-five nor more than thirty. In all counties having less than three superior court judges there shall be one grand jury drawn and impaneled in each year; and in all counties having three or more superior court judges there shall be two grand juries drawn and impaneled in each year. Such order must designate the time at which the drawing will take place. The names of such jurors shall be drawn, the list of names certified and summoned, as provided for drawing and summoning trial jurors; and the names of any persons drawn, who may not be impaneled upon the grand jury, may be again placed in the grand jury box. [Approved March 7, 1881; in effect January 1, 1882. ARTICLE V. OF SUMMONING JURORS FOR COURTS OF record. SECTION 225. Sheriff to summon jurors, how. 226. Of drawing and summoning jurors to attend forthwith. 227. Of summoning jurors to complete a panel. 228. Compensation of elisor. 225. The sheriff, as soon as he receives the list or lists of jurors drawn, shall summon the persons named therein to attend the court at the opening of the regular session thereof, or at such session or time as the court may order, by giving personal notice to that effect to each of them, or by leaving a written notice to that effect at his place of residence, with some person of proper age, and shall return the list to the court at the opening of the regular session thereof, or at such session or time as the jurors may be ordered to attend, specifying the names of those who were summoned, and the manner in which each person was notified. 226. Whenever jurors are not drawn or summoned to attend any court of record or session thereof, or a sufficient number of jurors fail to appear, such court may order a sufficient number to be forthwith drawn and summoned to attend the court, or it may, by an order entered in its minutes, direct the sheriff, or an elisor chosen by the court, forthwith to summon so many good and lawful men of the county, or city and county, to serve as jurors, as may be required, and in either case such jurors must be summoned in the manner provided in the preceding section. 227. When there are not competent jurors enough present to form a panel, the court may direct the sheriff, or an elisor chosen by the court, to summon a sufficient number of persons having the qualifications of jurors, to complete the panel, from the body of the county, or city and county, and not from the bystanders; and the sheriff or elisor shall summon the number so ordered accordingly, and return the names to the court. 228. An elisor who shall, by order of a court of record, summon persons to serve as jurors, shall be entitled to a reasonable compensation for his services, which must be fixed by the court and paid out of the county, or city and county treasury, and out of the general fund thereof. ARTICLE VI. OF SUMMONING JURORS FOR COURTS NOT OF RECORD. SECTION 230. Jurors for justices' or police courts. 231. How to be summoned. 232. Officer's return. 230. When jurors are required in any of the justices' courts, or in any police or other inferior court, they shall, upon the order of the justice, or any one of the justices where there is more than one, or of the judge thereof, be summoned by the sheriff, constable, marshal, or policeman of the jurisdiction. 231. Such jurors must be summoned from the persons competent to serve as jurors, residents of the city and county, township, city, or town in which such court has jurisdiction, by notifying them orally that they are summoned, and of the time and place at which their attendance is required. 232. The officer summoning such jurors shall, at the time fixed in the order for their appearance, return it to the court with a list of the persons summoned indorsed thereon. ARTICLE VII. OF SUMMONING JURIES OF INQUEST. SECTION 235. How to be summoned. 235. Juries of inquest shall be summoned by the officer before whom the proceedings in which they are to sit are to be had, or by any sheriff, constable, or policeman, from the persons competent to serve as jurors, resident of the county, or city and county, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required. ARTICLE VIII. OBEDIENCE TO SUMMONS, HOW ENFORCED. SECTION 238. Attachment and fine. 238. Any juror summoned, who, willfully and without reasonable excuse, fails to attend, may be attached and compelled to attend; and the court may also impose a fine not exceeding fifty dollars, upon which execution may issue. If the juror was not personally served, the fine must not be imposed until, upon an order to show cause, an opportunity has been offered the juror to be heard. ARTICLE IX. OF IMPANELING GRAND JURIES. SECTION 241. Grand jury, when to be impaneled. 242. How constituted. 243. Manner of impaneling prescribed in Penal Code. 241. Every superior court, whenever in the opinion of the court the public interests may require it, must make and file with the county clerk of their respective counties an order directing a jury to be drawn, and designating the number which, in case of a grand jury, shall not be less than twenty-five nor more than thirty. In all counties having less than three superior judges there shall be one grand jury drawn and impaneled in each year, and in all counties having three or more superior judges there shall be two grand juries drawn and impaneled in each year. Such order must designate the time at which the drawing will take place. The names of such jurors shall be drawn, the list of names certified and summoned as provided for drawing and summoning trial jurors; and the names of any persons drawn who may not be impaneled upon the grand jury may be again placed in the "jury box."* 1. See note to sec. 204. C. C. P., ante. 242. When of the persons summoned as grand jurors and not excused, nineteen are present, they shall constitute the grand jury. If more than nineteen of such persons are present, the clerk shall write their names on separate ballots, which he must fold so that the names can not be seen, place them in *See Amendments for 1882, supra, following section 220 a box, and draw out nineteen of them, and the persons whose names are on the ballots so drawn shall constitute the grand jury. If less than nineteen of such persons are present, the panel may be filled as provided in section 226 of this code. And whenever, of the persons summoned to complete a grand jury, more shall attend than are required, the requisite number shall be obtained by writing the names of those summoned and not excused on ballots, depositing them in a box, and drawing as above provided. 243. Thereafter such proceedings shall be had in impaneling the grand jury as are prescribed in part two of the Penal Code. ARTICLE X. OF IMPANELING TRIAL JURIES IN COURTS OF RECORD. SECTION 246. Clerk to call list of jurors summoned. 247. Manner of impaneling prescribed in part two. 246. At the opening of court on the day trial jurors have been summoned to appear, the clerk shall call the names of those summoned, and the court may then hear the excuses of jurors summoned. The clerk shall then write the names of the jurors present and not excused upon separate slips or ballots of paper, and fold such slips so that the names are concealed, and there, in the presence of the court, deposit the slips or ballots in a box, which must be kept sealed or locked until ordered by the court to be opened. 247. Whenever thereafter a civil action is called by the court for trial, and a jury is required, such proceedings shall be had in impaneling the trial jury as are prescribed in part two of this code. If the action be a criminal one, the jury shall be impaneled as prescribed in the Penal Code. ARTICLE XI. OF IMPANELING TRIAL JURIES IN COURTS NOT OF RECORD. SECTION 250. Proceedings in forming jury. 251. Manner of impaneling. 250. At the time appointed for a jury trial in justices', police, or other inferior courts, the list of jurors summoned must be called, and the names of those attending and not excused must be written upon separate slips of paper, folded so as to conceal the names, and placed in a box, from which the trial jury must be drawn. 251. Thereafter, if the action is a criminal one, the jury must be impaneled as provided in the Penal Code; if a civil one, as provided in part two of this code. ARTICLE XII. OF IMPANELING JURIES OF INQUEST. SECTION 254. Manner of impaneling. 254. The manner of impaneling juries of inquest is prescribed in the provisions of the different codes relating to such inquests. CHAPTER IV. TRIAL BY JURY. ARTICLE I. FORMATION OF JURY. II. CONDUCT OF THE TRIAL. III. THE VERDICT. ARTICLE I. FORMATION OF THE JURY. SECTION 600. Jury, how drawn. 601. Challenges. Each party entitled to four peremptory chal lenges. 602. Grounds of challenge. 603. Challenges, how tried. 604. Jury to be sworn. 600. When the action is called for trial by jury, the clerk must draw from the trial jury box of the court the ballots containing the names of the jurors, until the jury is completed, or the ballots are exhausted. 601. Either party may challenge the jurors, but where there are several parties on either side, they must join in a challenge before it can be made. The challenges are to individual jurors, and are either peremptory or for cause. Each party is entitled to four peremptory challenges. If no peremptory challenges are taken until the panel is full, they must be taken by the parties alternately, commencing with the plaintiff. [Amendment, approved March 24, 1874; in effect July 1, 1874. 602. Challenges for cause may be taken on one or more of the following grounds: 1. A want of any of the qualifications prescribed by this code to render a person competent as a juror; 2. Consanguinity or affinity, within the fourth degree, to any party; 3. Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, to either |