in all courts of law, and on all other occasions, in this state, as prima facie evidence of such laws. of other states, SECT. 64. The unwritten or common law of any other of the United Unwritten laws States, or of the territories thereof, may be proved as facts by parol how proved. evidence; and the books of reports of cases adjudged in their courts R. S. 94, § 60. may also be admitted as evidence of such law. proved. SECT. 65. The existence, tenor, or effect, of all foreign laws, may be Laws of foreign proved as facts, by parol evidence; but if it appears that the law in countries, how question is contained in a written statute or code, the court may in its R. S. 94, § 61. discretion reject any evidence of such law that is not accompanied by a copy thereof. 14 Mass. 455. SECTION 1. All persons who are qualified to vote in the choice of representatives in the general court shall be liable to be drawn and serve as jurors, except as is hereinafter provided. SECT. 2. The following persons shall be exempt from serving jurors, to wit: as Qualifications of jurors. R. S. 95, § 1. 9 Mass. 107. Persons abso lutely exempt. R. S. 18, § 17. 1838, 21. 1858, 93. The governor, lieutenant-governor, members of the council, secretary R. S. 95, §§ 2, 3. of the commonwealth, members and officers of the senate and house 1849, 218, §8. of representatives during the session of the general court, judges and 1851, 204. justices of any court, (except justices of the peace,) county and special 19 Pick. 368. commissioners, clerks of courts, registers of probate and insolvency, registers of deeds, sheriffs and their deputies, coroners, constables, mar-. Selectmen to prepare lists of ified. R. S. 95, §§ 4, 38. 1856, 125, § 1. shals of the United States and their deputies, and all other officers of the United States, counsellors and attorneys at law, settled minis ters of the gospel, officers of colleges, preceptors and teachers of incorporated academies, practising physicians and surgeons regularly licensed, cashiers of incorporated banks, constant ferrymen, persons who are more than sixty-five years old, members of the volunteer militia, members of the ancient and honorable artillery company, and enginemen and members of the fire department of the city of Boston; and enginemen and members of the fire department of other places may be exempt by the vote of the city council of the city or the inhabitants of the town. SECT. 3. No person shall be liable to be drawn and serve as a juror in any court oftener than once in three years, except as provided in the two following sections, but he shall not be so exempt unless he actually attends and serves as a juror in pursuance of the draft. SECT. 4. The inhabitants of the counties of Nantucket and Dukes County shall be liable to be drawn and serve as jurors once in every two years. SECT. 5. 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 or police court. No person shall be compelled to serve as a juror before any justice of the peace, or police court, more than twenty-four days in any one year, nor more than fourteen days at any one time, except to finish a case commenced within that time. JURY LIST AND BOX. SECT. 6. The selectmen of each town shall once in every year prepersons quali pare 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 one hundred inhabitants of the town, and not more than one for every sixty inhabitants, computing by the then last census, except that in the county of Dukes County it may include one for every thirty inhabitants. 7 Met. 326. List to be posted up and ap proved or alter ed by town. R. S. 95, § 5. 1856, 125, §§ 1, 7 Met. 326. Names to be R. S. 95, § 6. 2. SECT. 7. The list when so prepared shall be posted up by the selectmen in public places in the town, ten days at least before it is submitted for revision and acceptance, and shall then be laid before the town; and the town may alter it by adding the names of any persons liable to serve, or striking any names therefrom. SECT. 8. The selectmen shall cause the names borne on the list to put into a box. 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. Name of person SECT. 9. If any person whose name is so placed in the jury box is convicted, &c., 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 to serve as a juror. to be withdrawn. R. S. 95, § 7. VENIRES FOR JURORS. SECT. 10. The clerks of the supreme judicial and superior courts, in due season before each term, (except the terms of the superior court in the county of Suffolk for criminal business commencing at other times than in January, April, July, and October,) 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 the jurors on such day of the term as the court may order. The jurors returned for the superior court for criminal business in the county of Suffolk shall serve three terms. R. S. 95, § 14. SECT. 11. The clerks in issuing the venires shall require from each Jurors to be aptown and city a number of jurors as nearly as may be in proportion to portioned. their respective number of inhabitants, so as to equalize as far as possible the duty of serving as jurors. SECT. 12. The venires shall be delivered to the sheriff of the county, Venires, how and by him transmitted to a constable in each of the towns and cities served. R. S. 95, § 15. to which they are respectively issued, and they shall be served by the constable, without delay, on the selectmen and town clerk. sued in term SECT. 13. Nothing contained in the preceding sections shall prevent Additional veany court from issuing venires for additional jurors in term time when- nires may be isever it is necessary for the convenient despatch of their business; in time. which case the venires shall be served and returned, and the jurors R. S. 95, § 18. required to attend on such days, as the court shall direct. ions for Dukes SECT. 14. When a suit is pending in the superior court for the county Special provisof Dukes County, wherein the inhabitants of any town in said county County. are disqualified from acting as jurors, any justice of the court, in term 1852, 75. time or in vacation, may order the clerk of the court to issue writs of 1859, 196. venire facias for a sufficient number of jurors to try such cause, from any town whose inhabitants are not so disqualified; and the clerk shall issue a venire facias accordingly. DRAWING AND SUMMONING JURORS. by drawing 1837, 228. SECT. 15. All jurors, whether required to serve on a grand or trav- Jurors selected erse jury, by force of the laws relating to highways or mills, or on any names. other occasion, (except inquests and proceedings relating to the com- R. S. 95, § 8. mitment of insane persons,) shall be selected by drawing ballots from the jury box, and the persons whose names are borne on the ballots so drawn shall be returned to serve as jurors. 1838, 73. 1839, 149. and how to be SECT. 16. When jurors are to be so drawn, the town clerk and select- Names, when men shall attend at the clerk's office or some other public place appointed drawn." for the purpose, and if the clerk is absent, the selectmen may proceed R. S. 95, §9. without him. The ballots in the jury box shall be shaken and mixed together, and one of the selectmen without seeing the names written thereon shall openly draw therefrom 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 three years then next preceding, his name shall be returned into the box and another drawn in his stead. dorsed on bal SECT. 17. When a person is drawn and returned to serve as a juror Date of each in any court, the selectmen shall indorse on the ballot the date of the draft to be indraft and return it into the box, and whenever there is a revision and lot. R. S. 95, § 11. renewal of the ballots in the box, the selectmen shall transfer to the new ballots the date of all the drafts made within three years then next preceding. ing. 15. SECT. 18. Any town may at a legal meeting order that all drafts for May be drawn jurors therein shall be made in open town meeting, in which case the in town meetdraft shall be made by the selectmen in the manner prescribed in the R. S. 95, §§ 10, two preceding sections, except that it shall be done in a 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. SECT. 19. The meeting for drawing jurors, whether the draft is made in town meeting or before the selectmen and town clerk only, shall be 86 Meetings for drawing jurors, when held. R. S. 95, § 16. Summoning ju ing venire. R. S. 95, § 17. 13 Met. 325. held not less than seven nor more than twenty-one days, before the day when the jurors are required to attend. SECT. 20. The constable shall, four days at least before the time when rors and return the jurors are required to attend, summon each person who is drawn, by reading to him the venire with the indorsement 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 a return of the venire with his doings thereon to the clerk, before the opening of the court from which it was issued. Lists, how made, &c., in cities. SPECIAL PROVISIONS FOR CITIES. SECT. 21. The list of jurors in cities shall be prepared and posted therein by the mayor and aldermen in like manner as required of select1856, 125, §§ 1, 2. men, and when posted for ten days shall be submitted to the common council, which shall have like power as towns to revise and accept the Drawing jurors, same. SECT. 22. The mayor and aldermen and the clerks of each city shall severally have and exercise all the powers and duties with regard to 1856, 125, §§ 1, 2. drawing and all other matters relating to jurors therein, which are in this chapter required to be performed by the selectmen and town clerks in their respective towns, and all venires for jurors to be returned from cities shall be served on the mayor and aldermen. Empanelling juries for civil causes. R. S. 95, §§ 20, 21. supernumeraries, &c. R. S. 95, § 21. foreman to be R. S. 95, § 22. EMPANELLING AND OTHER PROVISIONS RESPECTING JURIES. SECT. 23. 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 empanelled as a jury for the trial of civil causes, and shall be called the first jury. The next twelve on the list shall then be sworn and empanelled in like manner, and shall be called the second jury. SECT. 24. 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 requires it. SECT. 25. Each jury after being thus empanelled shall retire and chosen by jury. choose their foreman by ballot, 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. Empanelling ju cases. R. S. 95, § 23. 6 Met. 225, 235. See Ch. 172. Talesmen, when ed. R. S. 95, § 24. SECT. 26. Nothing contained in the preceding sections shall apply to the empanelling of juries in criminal cases, but the jurors shall be called, sworn, and empanelled 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 of their verdict. SECT. 27. When by reason of challenge or otherwise a sufficient and how return- 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. SECT. 28. The jurors so returned from the bystanders shall be whom returned. 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 who and by R. S. 95, §§ 25, 26. 13 Met. 120. SECT. 29. The court shall, on motion of either party in a suit, Jurors may be examine on oath any person who is called as a juror therein, to know examined, &c., as to interest, whether he is related to either party, or has any interest in the &c. cause, R. S. 95, § 27. or has expressed or formed any opinion, or is sensible of any bias or 16 Pick. 153. 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 does not stand indifferent in the cause, another shall be called and placed in his stead for the trial of that cause. 5 Cush. 295. ify. 5 Mass. 90. R. S. 95, § 29. SECT. 30. In indictments and penal actions for the recovery of any When interest sum of money or other thing forfeited, it shall not be a cause of chal- not to disquallenge to a juror that he is liable to pay taxes in any county city, or R. S. 95, § 28. town which may be benefited by such recovery. 1 Gray, 472. See Ch. 122, § 13. 9 Met. 576. SECT. 31. If a party knows of any objection to a juror in season to Objections propose it before the trial, and omits to do so, he shall not afterwards when made. be allowed to make the same objection, unless by leave of the court. SECT. 32. No irregularity in any writ of venire facias, or in the drawing, summoning, returning, or empanelling of jurors, shall be ficient to set aside a verdict, unless the party making the objection injured by the irregularity, or unless the objection was made before the returning of the verdict. 2 Gray, 281. sufwas SECT. 33. If either party in a case in which a verdict is returned, during the same term of the court, either before or after the trial, gives to any of the jurors who try the cause any thing by way of treat or gratuity, the court may, on the motion of the adverse party, set aside the verdict and award a new trial of the cause. terial. Certain irregu 1 Pick. 38, 196. 9 Met. 572. Gratuities to jurors forbidden. R. S. 95, § 31. than twice, un SECT. 34. When a jury, after due and thorough deliberation upon Jury not to be any cause, return into court without having agreed on a verdict, the sent out more court may state anew the evidence or any part of it, and explain to less, &c. them anew the law applicable to the case, and may send them out for R. S. 95, § 32. further deliberation; but if they return a second time without having agreed on 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. rect a view by SECT. 35. The jury in any case may, at the request of either party, Court may dibe taken to view the premises or place in question, or any property, jury. matter, or thing relating to the controversy between the parties, when R. §. 95, § 33. 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 defray 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. PENALTIES. attend. SECT. 36. If a person duly drawn and summoned to attend as a Fines on jurors juror in any court neglects to attend without sufficient excuse, he shall neglecting to pay a fine not exceeding forty dollars, which shall be imposed by the R. S. 95, § 19. court to which the juror was summoned, and shall be paid into the county treasury. on officers and others for neg leet. SECT. 37. When, by neglect of any of the duties required in this chapter to be performed by any of the officers or persons herein mentioned, the jurors to be returned from any place are not duly drawn R. S. 95, § 39. 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 is committed. SECT. 38. If such neglect occurs with regard to jurors required to Same, in enses serve on any other occasion than in the supreme judicial court, the mills, &c. of highways, |