SECT. 9. Copy of division to be furnished (SECT. 21. Penalty for neglect of selectmen CHAP. 135. to the clerk. 10, 11. Rule, by which the clerk shall 12. Grand jurors in the district court to 13. When venires shall issue for such. 15, 16. Mode of drawing jurors. 17. Date of draft to be indorsed on 18. Constable to notify jurors. 19. Return of venire. 20. Indorsement to be transferred, if or clerk. 22. Penalty for neglect of constable. 24. Penalty for neglect of clerk of 25, 26. Penalty for neglect of juror to 27. Penalty for fraud by town clerk or 28, 29. Recovery, and appropriation of 30. When no traverse jurors are to be terations. SECTION 1. The selectmen of each town, together with the Board for pretreasurer and clerk of each town, shall constitute a board for pre- jurors. Towns paring lists of paring lists of jurors to be laid before such town for their approval; may make aland the said town shall have power, by a majority of the legal 1821, 84, 61. voters in legal town meeting assembled, to make alterations in such 1834, 136, § 1. lists, by striking out such names therefrom, as they may think proper to erase; but shall not be allowed to insert any other names therein. SECT. 2. Such board shall, once, at least, in every three years, Lists, how preprepare a list of such persons, under the age of seventy years, in pared. 1821, 84, § 1. such town, as they shall judge best qualified to serve as jurors; being persons of good moral character, and qualified as the constitution directs, to vote in the choice of representatives. empted from SECT. 3. The following persons shall be exempted from serving Persons exas jurors, and their names shall not be placed on the said lists, serving. namely; the governor, counsellors, judges and clerks of the common 1821, 84, § 1. law courts, secretary and treasurer of the state, all officers of the United States, judges and registers of probate, registers of deeds, settled ministers of the gospel, officers of any colleges, preceptors of incorporated academies, physicians and surgeons regularly authorized, cashiers of incorporated banks, sheriffs and their deputies, coroners, counsellors and attorneys at law, county commissioners, constables and constant ferrymen. names to be be drawn once SECT. 4. The said board, after the list of jurors shall have Tickets of been approved by the town, as mentioned in the first section, kept in jury having written their names upon tickets, shall place them in the box; liable to jury box; and the same shall be held and kept by the town clerk; in three years. and the persons, whose names shall be contained in the box, shall 1821, 84, 1. be liable to be drawn and serve on any jury, at any court for which 8 Pick. 501. they may be drawn, once in every three years, except as provided in the sixteenth section, and not oftener. 16 Mass. 220. SECT. 5. It shall be the duty of each town to provide and have Number requir ed to be kept in constantly kept in the box, ready to be drawn when required, the jury box. the names of a number of jurors, not less than one, and not more 1821, 81, § 2. 1823, 214, § 2. than two for every hundred persons in such town, according to the last census, taken next before preparing the box. withdrawn in SECT. 6. If any person, whose name shall be in the box, shall Names may be be convicted of any scandalous crime, or be guilty of any gross certain cases. immorality, his name shall be withdrawn from the box by the board. 1821, 84, § 3. CHAP. 135. Commissioners to divide the county into jury districts. 1821, 84, § 4. How divided, and numbered. 1821, 84, § 4. Copy of divis ion to be fur- issue venires. Same subject. Grand jurors in the district court to serve one year. 1821, 84, § 5. When venires shall issue for such. tice of meet- 1821, 84, § 5. Mode of draw- SECT. 7. The county commissioners in each county, within one year after every new census, and as much oftener, as a considerable change of population shall render it useful and expedient, shall divide such county into not less than four, nor more than twelve districts. SECT. 8. Each district shall contain so many adjoining towns, as shall make the number of inhabitants in each division as nearly equal, according to the last census for the time being, as may be, without dividing a town; and such districts shall be designated numerically. SECT. 9. The commissioners shall cause a copy of such division to be delivered to the clerk of the courts in such county, as soon as may be after the division is made. SECT. 10. The clerk of the courts, in such county, shall issue venires in due form, directed to the constables of as many towns in one jury district, and for as many jurors as shall be, as near as may be, in proportion to the number of jurors, sent for in the other districts in the county, to serve at the same court; always collecting the grand and traverse jurors, so far as shall be practical and convenient, as uniformly from all parts of the county, as the situation of towns, number of their inhabitants, and a practical rotation and equalization of the service of jurors will permit. SECT. 11. No more than two grand jurors and two traverse jurors shall be taken from the same town, to serve at the same court; unless from necessity, some extraordinary occasion, or to equalize their services upon the principles before mentioned. SECT. 12. The grand jurors, who shall be returned to serve at the district court, shall serve at every term of said court, throughout the year. SECT. 13. Venires for such jurors shall be issued, forty days. at least, before the second Monday of September annually. SECT. 14. The sheriff of each county, as soon as he receives venires for jurors, shall immediately send them to the constables of the respective towns, to which they are directed; and on receipt of such venires, each constable shall notify the freeholders and other inhabitants of the town, qualified to vote in the election of representatives, in the manner annual town meetings are notified, and especially the selectmen and town clerk, unless a different mode has been agreed upon at a legal town meeting, which any town is hereby authorized to do, in respect to town meetings for the drawing of jurors only, to assemble and be present at the draft and selection of the jurors called for; which meeting shall be six days before the sitting of the court, to which the venire is made returnable. SECT. 15. At such meeting, the town clerk, or, in his absence, one of the selectmen, shall carry into the meeting the jury box, containing the names of the persons approved as aforesaid; the box shall be unlocked in the meeting, and the tickets mixed by the major part of the selectmen present; and one of the selectmen shall draw out as many tickets, as there shall be jurors required; and the persons, whose names are thus drawn, shall be returned as jurors, unless from sickness, absence beyond sea, without the limits, or in different parts of the state, they shall be considered by the CHAP. 135. town, as unable to attend the court for which they are drafted, or had served on a jury within three years from that day. SECT. 16. In either of the above cases, or in case a person is Same subject. drawn, who may have been appointed to an office, which exempts 1823, 214, § 1. him from serving as a juror, others shall be drawn in their stead; but any person, being thus excused, or who shall be returned, and shall not attend court, or shall, when appearing there, be excused, shall not be excused on another draft, should it happen within the term of three years, notwithstanding the minute made on his ticket; and whenever it shall happen, that all those persons, whose names are in the box of any town, shall have served on the jury within three years, or for reasons above mentioned shall not be liable to serve, the selectmen shall draw out of the box such number of men as may be required, provided they have not served as jurors within eighteen months; and, in such case, the clerk shall certify on the venire that all persons, whose names are contained in the jury box, have served upon the jury within three years, or that they are not liable to be returned. be indorsed on SECT. 17. When a juror has been drawn, and not excused by Date of draft to the town, the selectmen, who drew his ticket, shall indorse thereon tickets. the date of the draft, and return the same into the box. 1821, 84, 7. 14 Pick. 196. Constable to SECT. 18. The constable shall notify the persons, thus drawn to serve as jurors, four days at least before the sitting of the court, notify jurors. at which they are to attend, by reading the venire and indorsement 1821, 84, § 7. thereon to them, or leaving, at their usual place of abode, a written notification of their having been drawn, and also of the time and place of the sitting of the court, where they are to attend. ire. SECT. 19. He shall make a seasonable return of the venire Return of venwith his doings thereon. 1821, 84, § 7. 5 Greenl. 333. newed. the 1821, 84, § 7. lect of select SECT. 20. Whenever there is a renewal or exchange of any of Indorsement to the tickets in the box, for others of the same persons, the selectbe transferred, men shall transfer from the back of the old tickets, to the new if ticket be reones, the minutes of such drafts, as had been made within three preceding years. SECT. 21. If the selectmen or town clerk of any town shall Penalty for negneglect to perform the duties, required of them or him in this men or clerk. chapter, so that the jurors called for from the town to which they 1821, 84, § 20. 1823, 214, § 2. belong shall not be returned, such selectmen and town clerk shall be fined not less than ten, nor more than fifty dollars, each. SECT. 22. Any constable shall be fined a sum not exceeding Penalty for negtwenty dollars, for neglecting the performance of the duties re- ble. quired of him in this chapter. lect of consta 1821, 84, § 20. lect of town. SECT. 23. Any town, which shall neglect to perform the duties Penalty for neg required of it, shall be fined a sum not exceeding one hundred 1821, 84, $ 20. dollars. lect of clerk of SECT. 24. If the clerk of the court, or sheriff of the county, Penalty for negshall neglect to perform the duties required of them respectively, court, or sheriff. so as to prevent a compliance with any of the provisions of this 1821, 84, § 20. chapter, he shall be fined a sum not exceeding fifty dollars. SECT. 25. Any juror, not being an inhabitant of Portland, who Penalty for neglect of jurors to after being notified and returned, shall unnecessarily fail in his attend. 1821, 84, § 20. CHAP. 135. attendance, shall be fined as for contempt, not exceeding twenty dollars. Same subject. 1821, 84, § 20. Penalty for fraud by town clerk or select men. 1821, 84, $20. SECT. 26. Any juror, who is an inhabitant of Portland, who shall so fail of attendance at court, shall be fined not exceeding forty dollars, as for contempt; the fines in this and the preceding section, to be divided among the jurors, who shall attend and serve. SECT. 27. Any town clerk or selectman, who shall be guilty of any fraud in practising on the box previous to the draft, or in the drawing a juror, or in returning the name of a juror into the box, which had been fairly drawn, and drawing another in his stead, or in any other mode, shall be fined not exceeding two hundred dollars. Recovery, and SECT. 28. All fines, imposed by the twenty-first, twenty-second, twenty-third and twenty-fourth sections, shall be for the use of the county, in which the offender dwelt, at the time of the neglect; and be recovered by indictment, information or action by the treasurer of the county, to be commenced within twelve months after commission of the offence. appropriation of fines. 1821, 84, § 20. Same subject. SECT. 29. All fines imposed by the twenty-seventh section, 1821, 84, § 20. shall be recovered on indictment, one moiety to the use of the state, and the other to the prosecutor thereof. SECT. 30. In each county, in which two terms of the supreme judicial court are annually holden, no traverse jurors shall be summoned to attend at the full or law term, unless the court shall otherwise order. Cases, in which promises must be in writing. 1821, 53, § I. 12 Mass. 297. 5 Mass. 133. 11 Mass. 342, 533. 3 Greenl. 340. CHAPTER 136. OF THE PREVENTION OF FRAUDS AND PERJURIES IN CONTRACTS, AND SECT. 1. Cases, in which promises must be SECT. 6. Proceedings thereon. in writing. 2. Consideration need not be express- 3. Representation of another's ability 4. What contracts for sale of goods, 5. When specific performance of a 7. What decree shall be made. 9, 10. Enforcement of such decree. 12. Administrator of the contractor may petition for authority to make the conveyance. SECTION 1. No action, shall be brought and maintained in any of the following cases; First. To charge an executor or administrator, upon any special promise to answer damages out of his own estate; Secondly. To charge any person, upon any special promise to answer for the debt, default or misdoings of another; Thirdly. To charge any person, upon an agreement made in consideration of marriage; -- Fourthly. Upon any contract for the sale of lands, tenements or hereditaments, or of any interest in or concerning them ; — 9 Greenl. 62. 3 Fairf. 506. 15 Maine, 14, 61, 201. 1 Pick. 43, 328. 16 Pick. 227 17 Pick, 538, 20 Pick, 134, Fifthly. Upon any agreement, that is not to be performed CHAP. 136. within one year from the making thereof: 4 Greenl. 1, 258. 22 Pick. 97. Unless the promise, contract or agreement, upon which such 1 Fairf. 31. action shall be brought, or some memorandum or note thereof, shall 18 Pick. 569. be in writing, and be signed by the party to be charged therewith, 19 Maine, 137. 20 Maine, 113. or by some person thereunto lawfully authorized. need not be ex SECT. 2. The consideration of any such promise, contract or Consideration agreement need not be set forth, or expressed, in the writing signed pressed therein. by the party to be charged therewith, but may be proved by any as 122. other legal evidence. 7 Mass, 233. 4 Greenl. 130, 387. Representation acter to be in SECT. 3. No action shall be brought and maintained, to charge any person upon, or by reason of, any representation or assurance, of another's made concerning the character, conduct, credit, ability, trade or ability or chardealings of any other person, unless such representation or assurance writing. shall be made in writing, and signed by the party to be charged thereby, or by some person, thereunto by him lawfully authorized. must be in 1821, 53, § 3. SECT. 4. No contract for the sale of any goods, wares or mer- What contracts chandise, for the price of thirty dollars or more, shall be allowed for sale of goods to be good, unless the purchaser shall accept part of the goods, so writing. sold, and actually receive the same, or give something in earnest to 11 Mass. 6. bind the bargain, or in part payment, or some note or memorandum, 13 Mass. 87. in writing, of the said bargain be made and signed by the party to 1 Fairf. 374. be charged by such contract, or by his agent, thereunto by him 21 Pick. 205, lawfully authorized. 9 Greenl 79. 384. SECT. 5. When any person, who is bound by a contract in When specific performance of writing to convey any real estate, shall die before making the con- a contract may veyance, the other party may have a bill in equity in the supreme been equity. enforced by judicial court, to enforce a specific performance of the contract by 1821, 52, § 13. the heirs, devisees, or by the executor or administrator of the 1826, 347, § 2. deceased party, such bill to be filed within one year after the grant of administration. thereon. SECT. 6. The court shall hear and decide every such case, Proceedings according to the proceedings in chancery, and shall make such 1821, 52, § 13. decree therein, as justice and equity may require. shall be made. SECT. 7. If it shall appear that the plaintiff is entitled to have What decree a deed of conveyance, the court may authorize and require the 1821, 52, § 13. executor or administrator of the deceased party to convey the estate in like manner as the deceased person might and ought to have done, if living; and, if his heirs or devisees, or any of them, are within the state, and competent to act, the court may direct them or any of them, instead of the executor or administrator, to convey the estate in the manner before mentioned, or to join with the executor or administrator in such conveyance. SECT. 8. Every conveyance, made in pursuance of such de- Conveyance to be good. cree, shall be effectual to pass the estate contracted for, as fully as 1821, 52, § 13. if made by the contractor himself. such decree. SECT. 9. If the defendant in such suit shall neglect or refuse to Enforcement of make a conveyance according to the decree, the court may enter judgment, that the plaintiff shall recover judgment for possession of the land contracted for, to hold according to the terms of the intended conveyance, and may issue a writ of seizin thereupon, in the form used in a real action; and the plaintiff, by force of said |