TIP# 141 - JURIES ACTS PASSED AT THE FIRST SESSION OF THE 29TH GENERAL ASSEMBLY - 1822. This wonderful series covers some of the earliest laws of the State of Kentucky and will help the researcher decipher why our pioneer families did what they did! It has been said that Kentucky laws were based on the statutes of the State of Virginia, with modifications made as the state grew. Today, I'd like to cover a couple of the subjects and will be taking this verbatim. (Page 691-695). SECTION 1. The twelfth section of an act passed December 20th 1802, in force from the first day of May thereafter, S Litt. 41; and as much of the act passed December 17th 1796, in force from January 1st 1797, as is in force, 1 Litt. 468. SEC. 12. 1802 - Grand Juries to be summoned. The sheriffs of the several counties in which circuit courts are held, shall summon grand juries to attend to said courts, in the same manner they are now directed to summon grand jurors to attend the district and quarter session courts. SEC.11 - 1798 - Sheriff to summon grand juries to appear at court of criminal jurisdictions. The sheriff of each county where a superior court of criminal jurisdiction is appointed, to be holden, shall, before every meeting of such court, summons twenty-four of the most discreet house-keepers, residing within the limits of the jurisdiction of the said court, to appear at the succeeding court, on the first day thereof; which the said sheriff is hereby empowered to do, as well without his county as within the same; and the said twenty-four housekeepers, or any sixteen of them, shall be a grand jury, who shall be sworn to enquire of, and present all treasons, felonies, murders and other misdemeanors whatsoever, which shall have been committed or done within the limits of the jurisdiction of the said court; and if a sufficient number of said house-keepers shall not attend on the first day of the court, the sheriff shall summon from the by standing house-keepers, of the description aforesaid, a sufficient number, together with those attending, to make a jury. SEC. 23 - Grand juries to be summoned inferior courts, and how. Their qualifications, their jurisdiction and power. The sheriff of every county within which an inferior court of criminal jurisdiction shall be held, shall, before every meeting of such court, summon twenty four respectable and discreet housekeepers within his county, not being ordinary keepers , constables, surveyors of roads, or owners or occupiers of a water grist mill, to appear at such next succeeding court within his county, on the first day thereof; and the said twenty-four housekeepers, or any sixteen of them appearing, shall be a grand jury, who shall be sworn to enquire into, and present all breaches of the penal laws; but they shall present such offence and breaches only, as shall have been committed within the space of twelve months before the time of such presentment, and no longer, unless the same be otherwise directed by law. And if a sufficient number of said house keepers shall not attend on the first day of the court, the sheriff shall summon from the by standing house keepers, of the description aforesaid, a sufficient number, together with those attending, to make a jury. Notes: It appears that individuals falling into the categories specified above were not allowed to serve. Ordinary keepers would be tavern or inn owners - presumably so no one could question the soberness or propriety of such. Constables would be a county officer as would surveyors. No reason can be thought of for grist mill operators to be excluded other than they dealt with monies and produce of the county. SEC. 27 - Penalty on a grand juror for failing to attend. Every house keeper summoned to attend a grand jury as aforesaid, and failing to attend, not having a reasonable excuse, shall be fined by said courts respectively, not exceeding three pounds, unless good cause be shown to the contrary, at or before the next court. SEC. 29 - Absence &c of a grand juror, how remedied. In case of sickness, death or non attendance of any of the jurors, after he or they shall be sworn, it shall be lawful for the court to cause others to be sworn in his or their stead. SEC. 50 - Sheriff to serve on juries for the trial of causes if Penalty on persons who are summoned, failing to attend. For the trial of all causes in the several courts in this commonwealth where a jury may be necessary, the sheriff or other officer attending such court respectively, shall every day the court sits, summon a sufficient number of bystanders, qualified as in hereinafter directed, to attend the court that day, that out of them may be empannelled sufficient juries for the trial of causes depending in such courts; and if any person, so summoned, shall fail to attend the court accordingly, he shall be fined eight dollars, to the use of the commonwealth. SEC. 51 - Qualification of petit jurors in pleas of the commonwealth, and superior courts. No person shall be capable of being of a petit jury for the trial of treason, felony, or breach of the peace, misprision of treason, breach of the penal law, or any other plea of the commonwealth, or of any estate, or title in or to lands, tenements or hereditaments, in any court of record within this commonwealth, or to be a juror in any case whatsoever, depending in the superior courts of this commonwealth, unless such person be a housekeeper, and possessed of a visible estate, real or personal, of the value of twenty pounds at least. Note: This apparently prevented vagrants and non-residents from ruling on a county's citizens. SEC. 52 - In the courts of quarter sessions. No person shall be capable to be of a jury for the trial of any cause whatsoever, in any court of quarter sessions, or other inferior court, unless he be possessed of a visible estate, real or personal, of the value of ten pounds at least, and be of good demeanor. Note: The Court of Quarter Sessions later became the Circuit Court. Note that since this was considered an "inferior" court, there was no restriction to being a housekeeper. SEC. 53 - No sheriff or other officer, shall, at any time, summon or return any juror not qualified as this act directs. SEC. 54. Provided always, That no exceptions against any juror on account of his estate, shall be allowed after he is sworn. SEC. 55 - Juries de medietate lingae, may be directed by the courts respectively. SEC. 56 - Jurors knowing anything in relative to the point in issue, shall disclose the same in open court. SEC. 57 - Any juror guilty of contempt to the court, may be fined by such court in any sum not exceeding ten pounds. SEC. 58 - No sheriff shall converse with a juror but by order of the court, after the jury have retired from the bar. SEC. 59 - If any sheriff shall fail to summon a grand jury, and return a pannel of their names, as herein directed, he shall forfeit and pay, for the use of the commonwealth, thirty pounds. SEC. 60 - Penalty on jurors who take anything to give a verdict. If any juror upon any inquest whatsoever, shall take anything by himself or another, to give his verdict, and shall be thereof convicted, such juror shall not thereafter be put on any jury, and shall pay ten times as much as he shall have taken, whereof one half shall go to him who will sue for the same, and the other half to the commonwealth. SECTION II. Part of the 29th section of an act passed December 19th,, 1795, in force from the first March following, 1 Litt. 319; an act passed December 27th 1806, in force from its passage, S Litt. 402; and an act passed December 23d in 1809, in force three months after its passage, 4 Litt., 84. SEC. 29 - 1795. A justice who commits a felon, not a good juror. No justice of the peace of any court who shall have committed any person for examination to the county court, or other examining court, shall be sworn on the petit jury empannelled for the trial of such person. SEC. 1 - 1806 - Certain persons exempted from serving on juries. No transient person shall hereafter be compelled to serve as a petit juror; and each party litigant shall have the right of premptory challenge to one fourth of the jury summoned, and shall moreover possess the same privilege of challenging with cause as is not given by law. SEC. 2 - 1809 - Fines on, may be mitigated. The fiftieth section of the assembly passed in December, in the year one thousand seven hundred and ninety six, to reduce into one the several acts concerning the examination and trial of criminals, grand and petit juries, venires, and for other purposes, shall be, and the same is hereby amended, so as to authorise the courts to mitigate below eight dollars, the fine authorised by that act, to be imposed on any person who fails to attend the court as a petit juror, when summoned for that purpose. SECTION III - An act passed January 31st 1811, in force from its passage. 4 Litt. 267. SEC. 1 - Courts, power to have a grand jury summoned during term time. To order the sheriff to summon grand jury. Where the grand jury which may be summoned to attend any of the circuit courts in this commonweath, shall be discharged, and the said court at any time thereafter, during their said term, shall think it necessary to have empannelled another grand jury, they shall have power and authority to do so; and for that purpose shall enter an order on record, directing the sheriff to summon a sufficient number of qualified persons, to constitute a grand jury, to meet and attend at such time as the court shall direct; upon which said order, the sheriff shall proceed immediately to summon a grand jury, to meet at the time directed by said order of court; which said grand jury so summoned, being duly impannelled, shall have the powers, and be subject and governed by the same rules, regulations and laws, as grand juries heretofore have been; and their proceedings shall be as effectual and binding to all intents and purposes, as though done by a grand jury summoned under the law now in force. This has been rather confusing I know, but somewhere along the line in your research, you will find your ancestor's name on a grand jury list and know what qualifications he had to meet. This will give you confirmation that he lived in the county on that date, was 21 or older, owned land, wasn't a tavern keeper, officer of the law, or mill owner; that he was of good repute.. © Copyright 16 April 1998, Sandra K. Gorin, All rights reserved. sgorin@glasgow-ky.com Sandi Gorin - 205 Clements Ave., Glasgow, KY 42141-3409 (502)651-9114 or sgorin@glasgow-ky.com A Proud Kentucky Colonel Gorin Genealogical Publishing: http://members.tripod.com/~GorinS/index.html KYRESEARCH: http:/cgi.rootsweb.com/~usgwqury/Ky/Tips/index.cgi KYBIOS: http://cgi.rootsweb.com/~usgwqury/Ky/Bios/index.cgi