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[Form of the oath in criminal causes, not capital.] You swear, that you will well and truly try the issue be Oath in crimintween the State and the defendant or defendants, (as the case may be,) according to your evidence. So help you God.

[Form of the oath in capital causes.]

al causes.

You swear, that you will well and truly try, and true de- oath in capital liverance make, between the State, and the prisoner at the causes. bar, whom you shall have in charge, according to your evidence. So help you God.

Affirmation in

Provided, That any person conscientiously scrupulous of taking an oath, shall instead thereof be allowed to make affir- cases of serupulosity. mation, substituting the word, "affirm," instead of the word "swear," and also the words, "this you do under the pains and penalties of perjury," instead of the words," So help you God."

by ballot.

SEC. 13. Be it further enacted, That it shall be the duty Grand Jury to of the Grand Jury, who shall be thus sworn, empannelled and elect foreman instructed by the charge from the Court, so soon as they shall retire for the purpose of discharging the duties of their office, first to elect by ballot their foreman, and to notify the Court, by the officer who shall be appointed to attend on them, of the person who shall have been thus elected, and who shall be thereupon foreman of the Jury for the then existing term, and as such be recorded by the clerk accordingly. But in case of the absence of such foreman, by sickness, or any other cause, it shall become necessary during the same session of the Jury, to appoint another foreman, they shall proceed in a similar manner to elect, and to announce to the Court the choice of another foreman in his stead. And the foreman of each Foreman may, Grand Jury, in the presence of the Attorney General or Coun- in ty Attorney, shall have power to swear any witness to testify before such Grand Jury, and it shall be his duty to return to the Court which empannelled them, a list of all witnesses so sworn, before said Grand Jury be discharged from their attendance upon the said Court; which list shall be filed and entered of record by the Clerk thereof. And the traverse Ju- Traverse Jurors being thus empannelled, shall respectively, either retire foreman by and choose by ballot their respective foreman, or shall make such a choice on their retiring with the first cause with which they shall be charged, as may best accommodate the arrangements and business of the Court, of which choice, the Court shall be notified on the Jury's return.

presence of

Attorney for State swear witnesses.

rors to chouse

ballot.

Jurors may be

drawn.

SEC. 14. Be it further enacted, That if at any time, from Provisional the existing state of the country, the nature or quantum of the required to be business pending, or from any other cause, the Courts respectively, shall be of opinion that it will be a hardship on one set of traverse Jurors to serve the whole of the term, and that it would best meet the interest of the public and of individuals, to have a second set of Jurors to serve a part of the term, it shall be in the discretion of the Court to direct their Clerk,

when they shall issue their venires to the Constables, in manner before directed, for the usual number of Jurors, to require in the same venire, that a second draft of an additional number, equal to the first number, shall be made, which shall be called provisional Jurors, and shall form the second set, so far as they shall be needed, and especially sent for by the Court. And the Constables shall also notify these Jurors four days before the sitting of the Court, of their being drawn as provisional Jurymen, in the same manner as is provided for the notification of the first set of Jurors. And such provisional JuSuch Jurors to rors shall hold themselves in readiness, and if called for by the Court, shall attend and serve, at any time in the course of that term. And in all cases, when provisional Jurors shall Court may ex- be drawn as aforesaid, it shall be in the discretion of the Court, at any time during the session, to excuse, on request, from further attendance, any individual of the first set of Jurors, on the condition of his giving seasonable and personal notice to such a provisional Juror or Jurors, for his or their immediate attendance, as shall be designated and called for, by the discretion of the Court.

be notified and ready when called for.

euse Jurors of

first set.

Powers and du.

ties of grand and traverse Jurors.

SEC. 15. Be it further enacted, That it shall be the business of the Grand Juries to present all crimes, offences, and breaches of the law, cognizable by the respective Courts at which they shall attend; and of the traverse Juries, respectively, to try, according to the established forms and principles of law, all causes which shall be committed to them, and to decide at their discretion by a general verdict, both the fact and the law, involved in the issue; or to find a special verdict, or a general verdict, subject to the opinion of the Court, on a case or point stated and reserved by agreement of the parties, or their counsel, under the direction of the Court, as making a part of the record, to be entered as such; and in case such Jurors, after a due and thorough deliberation on any civil cause, with which they may be charged, shall return into Court without having been able to agree on a verdict, it shall be in the discretion of the Court explaining to them its understanding of questions of law, if any should be proposed, and re-stating what any witness had testified, should that be requested by the Jury, to send them out again for further deliberation; and if the Jury should return a second time without being able to agree on a verdict, they shall not be liable to be sent out a third time, unless they shall state some legal dif ficulties for explanation, which had not been previously attended to by the Court. And if any person obtaining a verParty prevail. dict in his favor in any Court in this State, shall, during the ing not to treat session of the said Court, in which such verdict shall be obtained, give to any of the Jurors in said cause, knowing him or them to be such, any victuals, drink or entertainment, or other article by way of treat or gratuity, whether before or after such verdict, on due proof thereof it shall be a sufficient

the Jury.

reason, at the discretion of the Court, to set aside the verdict, at the election of the adverse party, and award a new trial of the cause.

a view may be

Proviso as to

SEC. 16. Be it further enacted, That in all cases relating to In real actions real estates, either party may have a Jury to view the place had. in question, if the Court shall be of opinion, that such view is necessary to a just decision: Provided, The party moving therefor shall advance such a reasonable sum to the Jury, as costs. the Court shall order to be taxed against the adverse party in the event of a decision of the cause against him, on its merits, or through the default of the adverse party.

on

Court may di

SEC. 17. Be it further enacted, That the Justices of either Venires for Ju of the Courts aforesaid shall have power to order the writ of rors may be revenire facias, which may be issued either for the grand or any day the traverse Jurors, to be returned on such day of the term, as rect. they may judge will best serve the purposes of justice, and facilitate the business of said Court.

Town meetings

to

SEC. 18. Be it further enacted, That the manner in which Constables, upon the receipt of venires for Jurors, shall notify for Jurors, bow the qualified inhabitants of their respective towns to assemble, and to be present at their drafts as aforesaid, shall, unless otherwise ordered by said towns respectively, be the same as has been or shall be established therein for notifying and warning their annual town meetings. But if any town shall, at a legal town meeting, have ordered that the notifications shall be by the Constables, giving notice to the Selectmen or the major part of them, and the Town Clerk, or by any other mode, such notification shall be sufficient.

of Jurors.

Be it further enacted, That the grand and traverse Compensation Jurors who shall attend at the Supreme Judicial Court, and Circuit Court of Common Pleas, shall each be allowed one dollar and twenty-five cents a day for their attendance, and six cents a mile for their travel out and home; to be paid out of the county treasuries respectively.

officers for neg

and appropria

tion.

SEC. 20. Be it further enacted, That the Selectmen, Town, Penalty on any Constable, Clerk of the town, Clerk of the Court, Sheriff or lect of duty. Juror, who having no justifiable cause therefor, shall neglect to discharge the duties incumbent on them, him or it, respectively, by this Act, shall be subjected to the respective fines and amercements named to be assessed, ordered and imposed by the Court, in reference to whose Jurors such neglect or failures may have taken place; namely, a fine not exceeding twenty dollars, at the discretion of the Court, on any Selectmen or town Clerk, who shall so neglect to perform his or their duty herein prescribed, as by means whereof the Jurors called for from his or their town shall not be returned; a fine not exceeding twenty dollars, at the discretion of the Court, on any Constable, who shall so neglect to perform the duties devolved on him by this Act, by means whereof there shall be a failure of the Jurors called from his town as aforesaid;

a fine or amercement not exceeding one hundred dollars, at the discretion of the Court, on any town which shall so neglect the duties herein enjoined on it, as thereby to occasion a failure of the Jurors called for from such a town; a fine at the discretion of the Court, not exceeding fifty dollars, on their Clerk, or the Sheriff, who shall so neglect the duties enjoined on them, respectively, by this Act, as to prevent a compliance with any of its provisions; a fine on any Juror drawn, notified and returned, in the manner as above describ ed, who shall unnecessarily fail in his attendance, and not be ing an inhabitant of Portland, not exceeding twenty dollars, and if an inhabitant of that town, not exceeding forty dollars, to be divided equally among the Jurors who shall attend and serve; and a fine not exceeding eighty dollars, on any town Clerk or Selectman, who shall be guilty of any fraud, either in practising on the Jury box previously to a draft, or in the drawing a Juror, or in returning the name of any Juror into the box, which had been fairly drawn out, and drawing or substituting some other one in his stead, or in any other way whatsoever; and all such fines which the Selectmen,Constable, town Clerk, Sheriff or Clerk of a Court, shall incur by virtue of this Act, for any neglect, shall be to the use of the county in which the offender dwelt at the time of the neglect, to be recovered by indictment, information, or an action brought by the Treasurer of the county, before any Court having jurisdiction of the Fimitation of offence: Provided, The action shall be brought within twelve actions for penally. months after the offence shall have been committed; such fines or amercements as shall be ordered or imposed on towns for any neglect of their duties as before specified, shall be to the use of the county in which the offending town may be; and all fines and forfeitures for any of the frauds, by Town Clerks or Selectmen as above mentioned, shall be recovered by action of debt, in any Court having jurisdiction thereof; one moiety thereof to be and enure to the State, the other moiety to him or them who shall prosecute and recover the

In what cases and cireum. stances deposi

taken,

same.

[Approved February 14, 1821.]

:00:

CHAPTER LXXXV,

An Act prescribing the mode of taking Depositions.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That when any civil cause tions may be shall be pending in any Court, or before any Justice of the Peace in this State, and the writ, original summons, or complaint therein shall have been served on the defendant, or be pending before Referees or Arbitrators, and either party in the cause shall think it necessary to have the testimony. therein of any person who shall live more than thirty miles from

the place of trial by a Court, Jury, Referees or Arbitrators, or shall be bound on a voyage to sea before, or be about to go out of the State, and not to return in time for the trial; or shall be so sick, infirm or aged, as not to be able to travel and attend at the trial; then the deposition of such person may be taken before any Justice of the Peace not being of counsel or attorney to either party, or interested in the event of the cause: Provided, Notice be given, and proceedings be ha as hereinafter directed.

to a Justice

en to adverse

SEC. 2. Be it further enacted, That when either party in on application the cause shall apply to a Justice of the Peace to take such notice to be give deposition, he shall give notice to the adverse party, if in this party if in this State, in substance as follows, to wit: (L. s.) SS. Το

dition.]

of , in the county of [ad

of

Greeting.

in the

State.

Whereas A. B. of in the county of [addition] has Form of notice. requested me to take the deposition of county of , [addition] to be used in an action of ing between you and the said A. B. and the house of

,

and the day of

at

in the

year

pend-
in

of our Lord of the clock in the noon are appointed the time and place for the said deponent to testify what he knows relating to the said action: You are hereby notified that you may then and there be present, and put such interrogatories as you may think fit. Given under my hand and seal at in the year of our Lord Justice of the Peace.

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on the

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or any other

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ing notice.

Provided nevertheless, That the notification to the adverse Notice may be party may be issued by the Justice before whom the deposi- Justice taking tion is to be taken, or by any other Justice of the Peace with- the deposition, in the State, mutatis mutandis, at the election of the party, at Justice. whose request such deposition is to be taken; and Provided Justice may further, That notice may be given verbally, by the Justice give verbal notaking said deposition, or notice may be dispensed with, if covat may the adverse party or his attorney shall, in writing, wave the writing. same. And when the adverse party is not present at the Justice must taking of such deposition, the Justice taking the same shall certify notice. certify that he was duly notified. And the service of this Manner of giv notification on the said adverse party, or his attorney, by leaving an attested copy thereof at his last and usual place of abode, allowing time for his attendance after being notified, not less than at the rate of one day, Lord's days exclusive, for every twenty miles travel; and such service being proved by the affidavit of a disinterested witness, or by the return on said notification of the Sheriff or his deputy of the county, or of the Constable of the town where the said adverse party or his attorney shall live, shall be deemed sufficient notice. But no person for the purposes of this Act, who to be conshall be considered as the attorney of another, until such at- attorney to be torney shall have endorsed the writ; or endorsed his name

sidered as an

notified.

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