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Superior Court, answer to your names, each of you, and save your fines."

If there do not appear enough to make up a jury, then must the Clerk call them over again, (the Crier repeating the same after him,) and if any one fails to appear, the Sheriff or his Deputy certifying upon oath that he was summoned, and no reasonable excuse appearing to the Court, he must be fined. But if any reasonable excuse appears to the Court, the Clerk shall mark him spared.

If it so happen that a full Jury do not appear at the second call, the Sheriff must return some of the by-standers, freeholders, that are present, or such as he shall meet with.

There ought to be at least eighteen persons on the Grand Jury.

If more Jurors appear than are requisite to make a Grand Jury, their names are to be written on a panel, and this panel cut so that each man's name is apart-then the Clerk puts them into a box or hat, covered, from whence a boy, under ten years of age, draws out one at a time, until the number required is drawn. As each name is drawn out, it is announced aloud by the Clerk; and the names drawn for the Grand Jury are, by the Clerk written on the panel.

This boy, under ten years of age, is to be procured by the Sheriff, before the opening of the Court, so that no delay may

arise.

When the panel of the Grand Jury is thus made, the Clerk delivers it to the Judge, who will appoint a Foreman.

When the Court has appointed the Foreman, the Clerk will again call the names of persons empannelled for the Grand Jury, who will answer respectively. The Clerk will then request them to get into the same box, there to stand together, and hear their Foreman's Oath.

The Clerk will then call the Foreman by name, and direct him to lay his right hand on the Book and administer to him the following Oath :

"You, as Foreman of this Grand Inquest for the body of this county, shall diligently inquire and true presentment make of all such matters and things as shall be given you in charge; the State's counsel, your fellows' and your own you shall keep secret; you shall present no one for envy, hatred or malice; neither shall you leave any one unpresented, for fear, favor or affection, reward or the hope of reward; but you shall present all things truly, as they come to your knowledge according to the best of your understanding: so help you God!"

The rest of the Grand Jury, by four at a time, in order, are then sworn as follows;

"The same Oath which your Foreman hath taken on his part, you and each of you shall well and truly observe and keep on your part: so help you God!"

When the Grand Jury are all thus sworn, the Clerk calls on the Crier to "count;" and as the Clerk names them, the Crier counts them; which being done, the Clerk shall say"Good men, stand together and hear your Charge."

And the Crier shall make Proclamation thus:

"O yes! O yes! O yes! The Honorable Court doth strictly command all manner of persons to keep silence whilst the Charge is giving to the Grand Jury, upon pain of imprisonment."

Then the Judge gives the Charge to the Jury. When the Charge is given, one Constable is ordered to attend upon the Grand Jury, to whom the Clerk will administer the following Oath:

"You swear that you will faithfully carry all papers sent from the Court to the Grand Jury, or fiom the Grand Jury to the Court, without alteration or erasement: so help you God!"

When any persons are to give evidence to the Grand Jury, the Clerk shall swear them after this manner:

"The evidence you shall give to the Grand Jury, upon this bill of indictment against A B shall be the truth, the whole truth, and nothing but the truth; so help you God!"

The Clerk will then certify on the Indictment, the name or names of Witnesses who are sworn to give evidence to the Grand Jury.

If, upon the evidence given, the Grand Jury have cause to find an Indictment, the Foreman will write on the side thereof, "A true Bill;"-but, if they have not sufficient evidence to find the Indictment, the Foreman will endorse on the side thereof, "Not a true Bill;" and, in either case, will subscribe his

name.

MANNER OF ADJOURNING COURT.

When the Court rises, the Clerk directs the Crier to make Proclamation, viz:

"O yes! O yes! O yes! All manner of persons that have appeared here this day, and who have any further business in this Honorable Superior Court, let them depart hence, and give their attendance at o'clock to-morrow, and they shall be heard. God save the State and this Honorable Court!"

OPENING COURT, SECOND DAY.

When the Court sits on the next day, the Clerk shall cause the Crier to make Proclamation thus:

"O yes! O yes! O yes! All manner of persons who are adjourned over to this day, and have any thing here to do before this Honorable Court holden for the County of let them give their attendance, and they shall be heard; for this Honorable Court is now sitting for the despatch of business. God save the State and this Honorable Court."

When the Court see cause, the Grand Jury will be sent for; or, when the Grand Jury, of their own accord, appear, the Clerk shall call them by their names, and then ask them if they have agreed to find any bills of Indictment, or Presentments? If they say yes, the Clerk shall bid them to present them to the Court, and add, "You consent that the Court may amend matters of form, not changing any matter of substance." Then the Clerk, out of respect to them, shall require the Constables to make way for the gentlemen of the Grand Jury.

ARRAIGNING A PRISONER.

When a prisoner is about to be arraigned, the Clerk shall direct the Crier to make Proclamation;

"O yes! O yes! O yes! This Honorable Court doth strictly charge and command all persons to keep silence, for now they will proceed to the pleas of the State and the arraignment of the Prisoner upon life and death. And all persons, that are bound by recognizance to give evidence against the prisoner at the Bar, draw near and give your evidence upon pain of forfeiting your recognizances."

The Clerk will then command the Prisoner at the Bar in the following manner:

"AB hold up your right hand," and then direct him to put it down, and will say unto him as follows:

"You stand here indicted by the name of A B, of, &c., &c. [and so read the indictment;] and then ask him-"What say you? Are you guilty of this felony whereof you stand indicted, or not guilty?" If he says not guilty, the Clerk shall ask him, "How will you be tried?" If he says, by God and the Country the Clerk shall then say, "God send you a good deliverance." And the Clerk shall then enter his plea on the Docket.

If the prisoner, upon his arraignment, shall confess his guilt, the Clerk shall enter it on his Docket, and then the prisoner is sent to be remanded to Jail, till the time of Judgment.

If the prisoner, upon his arraignment, will not confess the felony whereof he stands indicted, nor plead not guilty thereunto, but stands mute, or otherwise will plead such matter as shall be no direct answer to the offence: In these cases, he shall be put to his penance for contemning the Law, and refusing the ordinary trial devised by the law; and the Clerk shall enter on the Docket, "Stat Mutus ;" and he shall be set by, till Judgment be given, unless he will plead, in the meantime, guilty, or else put himself upon his country.

When the prisoner pleads himself not guilty, and puts himself upon his country, the Clerk calls the Jury thus:

"You good men, that are called to try the issue joined between the State and the Prisoner at the Bar, answer to your names, upon pain and peril that shall fall thereon."

When the Jurors have appeared, their names are written upon a panel, and the Clerk puts them into a box or hat, and a boy, under ten years of age, [to be procured by the Sheriff,] draws them out, one at a time. Previous to this, however, the Clerk thus admonishes the prisoner at the Bar:

"These good men, that you shall now hear called, are to pass between the State and you, upon your life and death; if, therefore you will challenge them, or any of them, you must challenge them as they come to the book to be sworn before they are sworn, and you shall be heard."

Then the Clerk calls the Jury to be sworn, every man severally, and also calls the prisoner at the Bar, and bids him hold up his right hand; and then says to each Juryman, when called to the book to be sworn, and before he is sworn as follows:

"Juror, look on the prisoner: Prisoner, look on the Juror. Do you like him?"

If the prisoner says-yes; the Clerk then administers to the Juror the following Oath :

"You shall well and truly try and true deliverance make, between the State and the prisoner at the Bar, whom you have in charge, and a true verdict give according to your evidence: so help you God."

When all are sworn, then shall the Clerk say, "Crier, count;" and then he calls every one of the Jury over by name, and the Crier counts them. That being done, the Clerk must ask them if they be all sworn. If they say yes; then he must call to the prisoner and bid him hold up his right hand, and then say to the Jury :

"Look upon the prisoner, you that have been sworn, and hearken to his cause. You shall understand, that he stands indicted by the name of A B, &c., [as in the Indictment,] for that he," &c., [and so the Clerk reads the Indictment.]

That being done, the Clerk shall then say:

"Upon this indictment he hath been arraigned, and upon his arraignment, he hath pleaded not guilty, and for his trial he hath put himself upon God and his Country, which country you are. So that your charge is, to enquire whether he be guilty of this felony whereof he stands indicted, or not. If you find him guilty, you shall say so, and if you find him not guilty, you shall say so, and no more. Sit together and hear your evidence."

The Witnesses for the State shall be sworn in the following

manner:

"The evidence that you, and each of you, shall give to the Honorable Court and Jury against A B, the prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth: so help you God!"

The witnesses on behalf of the prisoner, shall be sworn in the following manner :

"The evidence that you, and each of you, shall give to the Honorable Court and Jury, in this issue of traverse, the State against A B, the prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth: so help you God!"

After the Jury have heard their evidence and the Judge has summed up the same to them, the Clerk shall swear a Constable in this manner:

"You shall well and truly keep together every person sworn of this Jury, in some convenient place, without meat and drink, (water excepted) or fire: You shall not suffer any person to

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