The Laws of Texas, 1822-1897 Volume 1 Page: 1,269
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Laws of the Republic of Texas.
209
( 1269 )
Sec. 35. Should a sufficient number of jurors of the original
panel not be in attendance, the grand jury or petit jury may, by
order of the court, be filled up by the by-standers, who shall be
sworn, as if of the original panel.
Sec. 36. The jurors for their services shall receive one dollar
and a half each day they may serve, to be paid out of the county
treasury, and shall receive a certificate in like manner, from the
clerk as witnesses.
Sec. 37. If, during the trial of any civil case or criminal prose-
cution, the juror or jurors should from any cause become unable
to serve, the sheriff, by order of the court, shall summon instanter
such number of jurors as may be necessary to fill such vacancies,
who shall be sworn as the other jurors, and the trial commenced
de novo.
Sec. 38. In civil cases, either the plaintiff or defendant may
challenge three jurors without shewing any cause for the same;
and in all prosecutions for offences not capital, the party prosecuted
shall have the right of challenging four jurors, without shewing
any cause for the same, and in all prosecutions of a capital nature,
the party prosecuted may challenge twenty jurors without shewing
any reason for the same.
Sec. 39. The jurors belonging to the original panel who may
be in attendance, shall be sworn in chief to try all causes that may
be submitted to them during the term of said court; and a talisman
shall be sworn separately to try each cause, or for the day as the
court may determine, and any talisman summoned by the sheriff
to attend as a juror, and refusing so to do, may be fined by the
court in any sum not exceeding twenty dollars, and the clerk shall
be ordered to issue execution forthwith for the same with costs.
Sec. 40. No person shall converse with a juror but by order of
the court, after the jury shall have retired from the bar, and while
they have a case under consideration.
Sec. 41. No person under the age of twenty-one, nor any person
who is not a citizen of the republic of Texas, nor any person who is
not a free-holder, nor any person who has been convicted of felony,
perjury, or other offence punishable by stripes, pillory, or burning
in the hand, shall be capable to, serve on a jury for the trial of any
cause, civil or criminal.
Sec. 42. All fines imposed on any juror under this act shall be
collected by the sheriff, and paid into the county treasury of the
proper county, for county purposes.
Sec. 43. No judge of any of the said courts shall charge
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5872/m1/1277/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .