quested to select; and that, in all of your selections, you will endeavor to promote only the impartial administration of justice. The court shall thereupon instruct them concerning their duties.

The passage of this act did not have the effect to discharge juries drawn under former statutes until juries could be selected under this act. McCrory v. Anderson, 103 Ind. 12.

1450. (1386.) Selection of names for jurors.-2. Said commissioners shall immediately, from the names of legal voters and citizens of the United States on the tax duplicate of the county for the current year, proceed to select, and deposit in a box to be furnished by the clerk for that purpose, the names, written on separate slips of paper, of uniform shape, size and color, of twice as many persons as will be required by law for grand and petit jurors in the courts of the county, for all the terms of such courts to commence within the calendar year next ensuing. Such selection shall be made, as nearly as may be, in equal numbers from each county commissioner's district. In making such selections, they shall, in all things, observe their oath; and they shall not select the name of any person who is not a voter of the county, or who is not either a freeholder or householder, or who is to them known to be interested in or has a cause pending which may be tried by a jury to be drawn from the names so selected. They shall deliver the box, locked, to the clerk of the circuit court, after having deposited therein the names as herein directed. The key shall be retained by one of the commissioners not of the same politics of the clerk. See Acts 1885, p. 76, Elliott's Supp., section 650, for penalty for discrimination in selection on account of race or color. Post, section 3293.

[Acts 1883, p. 44. In force February 27, 1883.]

1451. (E. S. 291.) Selection and qualification of jurors.-1. That it shall not be lawful for any officer or officers, or jury commissioner or commissioners, charged with the selection of a panel of petit jurors to serve in any circuit court, superior court or criminal court of this state, to select any person to serve as a juror in either of said courts who has served as a juror in either of said courts in such county during the year immediately preceding such selection; and it shall be unlawful for any officers of either of said courts to select any person to serve as a talesman upon any jury therein who has served as a juror in either of said courts of the county during the year immediately preceding such selection; and should any person be selected as such juror contrary to the provisions of this act, it shall be a sufficient cause for challenge.

See section 1460.

If a juror is challenged on account of service within a year, it must appear that he was a member of the regular panel to make challenge invalid. City v. England, 119 Ind. 368.

[1881 S., p. 557. In force April 15, 1881.]

1452. (1387.) Grand and petit, how drawn.-3. Within a period not more than one week preceding the commencement of any term of any criminal court, or circuit court where there is no criminal court

authorized, the clerk, having first well shaken the box, shall open the same, and draw therefrom six names of competent persons, who shall be summoned as the grand jury for such ensuing term; and he shall issue a venire therefor as the court or judge, in vacation, may direct. He shall, at the time of drawing such grand jury, enter a list of the names so drawn upon the order-book of the court, and annex his certificate of the fact. He shall also, within the same period preceding any term of the circuit, superior or criminal court, in the same manner, draw for each of such courts, respectively, twelve names of persons as petit jurors for such courts, respectively, at such terms; and ne shall record and certify such drawing upon the proper order-books of such courts, respectively, as is required concerning the grand jury; and he shall issue venires for such juries as such courts, or the judges thereof in vacation, may direct. In counties where the superior court may have more than one judge, said clerk shall, if so directed by such court or judges, in like manner, draw one or more additional petit juries for such court at any term. After a petit jury has served four weeks during any term of court, such court may, in its discretion, discharge it, and direct the clerk in the same manner, at any time, to draw another petit jury, and summon the same.

The jury commissioners need not be present when the names of jurors are drawn from the box by the clerk. Doolittle v. State, 93 Ind. 272.

1453. (1388.) Special venire-New names.-4. Whenever any such court shall be of the opinion that, by reason of numerous challenges in any cause, a special venire should issue for jurors, it shall direct the clerk to draw from said box such number of names as shall be deemed proper; and the persons so drawn shall be summoned by virtue of such special venire. If by reason of such special drawing or otherwise the names in such box shall be exhausted, so that any of the courts of the county can not be furnished with juries at any term during the calendar year, the circuit court, or judge thereof in vacation, shall, by order, require such jury commissioners, at a time to be fixed, to deposit in said box such additional number of names as said court or judge shall name in the order, and they shall be selected under the rules and regulations prescribed in section two [§ 1386], and the box shall then be delivered to the clerk, as in that section provided, to be drawn by the clerk as may be necessary under the provisions of the preceding section.

See section 541.

The manner of filling vacancies upon the regular panel is left to the discretion of the court. Deig v. Morehead, 110 Ind. 451; Wood v. State, 92 Ind. 269; Keyes v. State, 122 Ind. 527.

1454. (1389.) Clerk to keep box locked.-5. The clerk shall keep said box securely locked, and the same shall not be opened except for the deposit and drawing of names as above required; and any failure of the clerk to perform his duty shall be a contempt of the circuit court, and be punished summarily by the court.

1455. (1390.) Jury commissioners for 1881.-6. For the calendar year 1881 such jury commissioners shall be appointed at the first term of the circuit court which may be in session after this act takes effect. 1456. (1391.) Who ineligible-Failure to act.-7. No person shall be appointed a jury commissioner who at the time is party to or interested in a cause pending in the county which may be tried by a jury to be drawn during the calendar year next succeeding his appointment. Any person appointed a jury commissioner, who shall fail to take upon himself said office, or, having accepted the same, shall fail, without good cause, to discharge any of the duties thereof, shall be deemed guilty of contempt of the court, and shall be summarily punished by a fine of not less than five nor more than one hundred dollars.

1457. (1392.) Vacancies-Pay.-8. Should a vacancy occur in the office of jury commissioner at any time, or should any such commissioner fail to act when required, the circuit court, or judge thereof in vacation, shall appoint a person to fill such vacancy or to act for the time being, as the case may require, who shall take the oath required by this act. For the time actually employed in the performance of his duties, each jury commissioner shall be allowed by the court three dollars per day; and, upon such allowance, the county auditor shall draw his warrant, and the same shall be paid out of the county treasury.

1458. (1393.) Qualifications of jurors.-9. To be qualified as a juror, a person must be a resident voter of the county and a freeholder or householder.

A juror need not be a citizen of the United States. McDonel v. State, 90 Ind. 320.

1459. (1394.) Jury fee-Pay of jurors.-10. In causes tried by jury, a jury fee of four dollars and fifty cents shall be taxed as costs in favor of the county. Jurors, grand and petit, shall be paid two dollars per day while in actual attendance, and five cents for each mile necessarily traveled.

[1873, p. 159. In force March 8, 1873.]

1460. (1395.) Juror who has served within one year-Peremptory challenge.-2. It shall not be lawful for any officer or officers charged with the selection of a panel of petit jurors to serve in any circuit court, superior court, or criminal court of this state, to select any person to serve as such juror who has served as a juror in either of said courts in such county during the year immediately preceding such selection; and it shall be unlawful for any officer of either of said courts to select any person to serve as a talesman upon any jury therein who has served as a juror in either of said courts of the county during the year immediately preceding such selection; and should any person be selected contrary to the provisions of this act, it shall be a sufficient cause for peremptory challenge.

See section 1451.

A juror must be a member of the regular panel in order to be free from challenge on account of service within a year. City v. England, 119 Ind. 368.

[1859, p. 91. In force February 18, 1859.]

1461. (1396.) Jury from bystanders.-1. In all cases when the proper officers have failed or refused to draw and impanel a traverse jury, or where, for any other cause whatever, no traverse jury shall be present at any term of the court, it shall be lawful, and is hereby made the duty of the circuit court, if the business thereof require it, to order the sheriff to summon a jury from the bystanders or citizens of the county; which said jury, when so impaneled, shall be and constitute the regular panel for such term at which they may have been so selected.

When no regular jury has been drawn the court may order the impaneling of a jury from the bystanders. Heyl v. State, 109 Ind. 589.

[1881 S., p. 240. In force September 19, 1881.]

1462. (1397.) Master commissioner.-412. The judges of the circuit courts in their respective counties shall appoint at least one master commissioner in each county of his circuit, who shall be a resident of the county seat, and as many more as such judge may deem necessary, who shall be competent attorneys in good standing, and who shall receive their appointment in writing from the judge making the same, and shall continue in office until removed by the court.

1463. (1398.) Oath.-413. Every person appointed a master commissioner shall take the oath required by the constitution and laws of this state, before he shall proceed to discharge any of the duties of his office; and such oath shall be entered at full length on the order-book of the court for which he may be appointed.

1464. (1399.) May sell lands. 414. Every master commissioner shall, under the direction of the court, have power to sell and convey real estate.

1465. (1400.) Powers.-415. Such master commissioners are empowered to administer all oaths and affirmations which are required by law; to take and certify affidavits and depositions; to issue subpoenas for witnesses whose testimony is to be taken before them; and shall have the same power to compel the attendance of witnesses and to punish contempts as is given to justices of the peace.

See sections 565, 566, and notes.

1466. (1401.) Subpoenas and process.-416. All subpoenas and process necessary to the exercise of the duties of a master commissioner shall be executed and returned by the sheriff or any constable of the county to whom the same may be directed.

1467. (1402.) Fees and allowances.-417. Such master commissioner shall be allowed the same fees as other officers for similar services; and where no fees are specified, the court shall make such allowances for the service performed as shall be just and reasonable; and all such costs shall be taxed as a part of the costs in the case in which they may have accrued.

1468. (1403.) Further powers and duties.-418. Such master commissioners shall have the powers and discharge the duties, herein mentioned, which have heretofore been performed by masters in chancery, so far as the same may be consistent with existing laws.

1469. (1404.) May grant injunctions, etc.-419. Whenever the office of judge shall become vacant, or, in case of the absence of all the judges competent to act, or whenever such judge or judges, by reason of interest, is or are incompetent to act, or unable by reason of sickness, such master commissioner shall have all the power of any judge in vacation, to grant restraining orders, injunctions, writs of habeas corpus, and writs of ne exeat, and to appoint receivers, and hear and determine all motions and matters, and make all orders concerning the same.

Judicial authority can not be conferred upon master commissioners. Shoultz v. McPheeters, 79 Ind. 373.

[1881 S., p. 599. In force April 14, 1881.]

1470. (1405.) Short-hand reporter.-1. For the purpose of facilitating and expediting the trial of causes, the judge or judges, or a majority of them, of the circuit, criminal, and superior courts of each and every county of this state may appoint one or more short-hand reporters to take down, in short-hand, the evidence, and to note proceedings in the trial of causes pending in such courts, whenever, in the opinion of the judge presiding at the trial of a cause, the evidence ought to be so taken down and the proceeding so noted, or when the parties to the cause agree that the same shall be done. No person shall be ineligible to such office on account of sex.

[1875, p. 137. In force March 10, 1875.]

1471. (1406.) Oath.-2. Before proceeding to exercise his office, such reporter shall take an oath, before some officer empowered to administer oaths, faithfully to perform his duties.

1472. (1407.) What he must report.-3. It shall be his duty to be promptly present whenever he shall be required by any judge of such court or courts of his county, and to take down accordingly, in short-hand, the oral evidence delivered in the cause, including both questions and answers; and to note all rulings of the judge in respect to the admission and rejection of evidence, and the objections and exceptions thereto.

1473. (1408.) When must furnish transcript.-4. Whenever, in any cause, such reporter shall be requested by either party to furnish to such party a transcript of the evidence or any part thereof, it shall be his duty to furnish the same, written in a plain, legible, longhand, as soon after being requested as practicable; provided, that the reporter may require payment for such transcript, or the same satisfactorily secured to him, before he proceeds to do the work required

of him.

[Acts 1893, p. 32. In force February 16, 1893.]

1474. Poor persons-Court may order transcript.-1. That any