any cause or proceeding wherein such corporation is a party or is interested. (No. 52 of 1850.)

SECT. 23. When it shall appear to any court, in which a criminal cause shall be pending, that the respondent is from poverty unable to procure the attendance of witnesses in his behalf, such court in its discretion may order as many of such witnesses to be subpœnaed by the public prosecutor, at the expense of the state, as such court shall judge necessary to secure to the respondent an impartial trial. (Sec. 19 of R. S.)

SECT. 24. If any person shall make affidavit before a judge of the supreme or county court, that he is a party in a suit then pending, or that he expects to be made a party in a suit, and that the testimony of any witness is material in the defence or prosecution of such suit, such judge shall direct reasonable notice to be given to the persons named in such affidavit as parties, or expected to become parties, or to their attorneys, of the time and place, when and where, such witness will be examined, touching the premises before such judge. (Sec. 20 of R. S.)

SECT. 25. If either of the parties shall not reside in this state, nor have any attorney of record therein, or if the person, making such affidavit, shall state therein that he is unable to name the persons expected to become parties, such notice shall be given by publication in some newspaper, as such judge shall direct. (Sec. 21 of R. S.)

SECT. 26. Such judge, after notice has been given as aforesaid, shall proceed at the time and place, appointed in such order, or on such other day, as he shall then appoint to take the deposition of such witness, and shall include in such deposition any answer or declaration of such witness, which shall be required by either of such parties, which deposition, after being carefully read to and subscribed by such witness, the judge shall certify to have been taken, in pursuance of this chapter, and shall seal up and deliver the same to the party at whose request it was taken, his agent or attorney. (Sec. 22 of R. S.)

SECT. 27. If it shall appear from the affidavit, so filed, that any witness therein named is not a resident of this state, the judge shall state in the notice, to be given as aforesaid, that a commission will issue to some person, being named, to take the deposition of such witness, and due notice having been given as before provided, such judge may issue a commission to such person authorizing him to take the deposition of such witness residing out of this state, in the same way and manner as such judge could have done if such witness was personally present before him. (Sec. 23 of R. S.)

SECT. 28. Any commissioner, so appointed, may administer oaths, examine witnesses and take depositions, for the purpose aforesaid, in the same manner as judges of the supreme and county courts are, in this chapter authorized to do, and shall in the same manner seal up and certify such depositions, and deliver the same to the party, his agent or attorney, at whose request the same was taken. (Sec. 24 of R. S.)

SECT. 29. Every deposition so taken and certified, and every affidavit and notice aforesaid, duly certified, shall, as soon as may

be thereafter, be filed in the office of the county clerk of the county in which the matter in controversy is pending, or likely to arise, and if any such witness be dead, insane, or so infirm as to be unable to attend court, or does not reside in this state, then a copy of such deposition certified by the clerk, in whose office it may have been filed, shall be read and admitted before every court in this state, in any cause between the parties named in the affidavit aforesaid, or between any parties claiming under them or either of them, or in any cause touching the subject matter described in such affidavit as aforesaid, and shall be treated and considered as evidence in such case. (Sec. 25 of R. S.)

SECT. 30. Any objection to the competency of any witness, who shall be examined by virtue of this chapter, or to the testimony by him given, may be made to the court, in which his deposition is offered in evidence, and such court shall decide thereon according to law. (Sec. 26 of R. S.)

SECT. 31. All parties concerned may take copies of such depositions at their own expense, as soon as the same shall be deposited in the clerk's office as aforesaid. (Sec. 27 of R. S.)

CHAPTER 35.

JURIES.

COMPILED FROM

Chap. 32 of the Revised Statutes, pp. 207-210.

9. Person drawn, absent, &c. sheriff to draw 17. Twelve of the grand jurors to agree.

another.

18. Party treating jurors, new trial to be granted. 10. Sheriff to return venire before first day of 19. Jurors to be summoned to attend special the term. session.

SECTION 1. Previous to the stated term of each county court to be held next after the last day of April in each year, the clerk of such court shall seasonably issue and deliver to the sheriff of the county, or his deputy, a venire, commanding such officer to summon eighteen judicious men, [being freeholders,] (see § 14 of chap. 15) within such county, from the several towns in such county, as the judges of such court shall direct, to appear before such court at nine o'clock, forenoon, on the first day of the term, to serve as grand jurors in such court. (Sec. 1 of R. S.)

SECT. 2. The grand jurors which may be summoned to attend the county court in the county of Windsor, shall be summoned to attend the term of said court which shall be holden next after the first day of July, annually, in said county. (No. 3 of 1841.)

SECT. 3. The grand jury in said county, instead of being summoned to appear at the county court next after the last day of April, as now by law provided, shall be summoned to appear at the court to be holden next after the last day of August in each year. (No. 2 of 1849.)

SECT. 4. The clerk of such court shall, previous to every stated term thereof, in like manner, issue and seasonably deliver to the sheriff of the county or his deputy a venire, commanding such officer to summon from the several towns in said county therein mentioned, such number of judicious men, [being freeholders] (see $ 14 of chap. 15) of such county, as the court shall from time to time direct, to appear before such court at nine o'clock forenoon on the first day of the term, to serve as petit jurors, in such court, and if there shall be a deficiency of names in the box in any such town, the officer shall be directed to summon, from any other town in such county, a number equal to such deficiency. (Sec. 2 of R. S.)

SECT. 5. The judges of the county court, in each county, shall from time to time direct the clerk of such court, from what towns the grand and petit jurors shall be summoned, and the number from each town. (Sec. 3 of R. S.)

SECT. 6. Any county court, or either of the judges thereof, may make a special order requiring a grand jury to be summoned to attend any term of said court, and it shall be the duty of the clerk of such court, on receiving such order, to issue a venire accordingly. (Sec. 4 of R. S.)

SECT. 7. The sheriff or his deputy, on receiving a venire for a grand or petit jury, shall repair to the office of the town clerk in each town mentioned in the venire, and in the presence of such town clerk or one of the selectmen of such town, draw out of the box, containing the names of the persons nominated by the authority of such town to serve as grand or petit jurors, as the case may be, the number of names he is required to summon from such town. (Sec. 5 of R. S.)

SECT. 8. And such officer shall summon the persons so drawn, not less than seven nor more than fifteen days before the term of such court, by reading the venire in their hearing and notifying them respectively of their being drawn to serve as jurors, agreeably to the precept of such venire, or by leaving a copy of the venire with such notice endorsed thereon as is directed in the service of writs of summons. (Sec. 6 of R. S.)

SECT. 9. If any person, drawn as a juror as aforesaid, shall be absent or sick, so that probably he cannot attend such court, his name shall be returned into the box and another drawn and summoned. (Sec. 7 of R. S.)

SECT. 10. The officer serving a venire shall return the same, with the names of the persons summoned endorsed thereon, to the clerk who issued the same, before the first day of the term of such court. (Sec. 8 of R. S.)

SECT. 11. If the sheriff or his deputy shall refuse or neglect to serve any venire, so delivered to him, or to make seasonable return thereof to the clerk, he shall be amerced in a sum not exceeding twenty dollars, to the treasury of the state, unless he show sufficient cause for such refusal or neglect. (Sec. 9 of R. S.)

SECT. 12. If any juror shall not appear, after being duly summoned, and shall not render an excuse to the satisfaction of the court in which he was summoned to appear, he shall pay a fine of ten dollars to the treasury of the state, and costs of prosecution. (Sec. 10 of R. S.)

SECT. 13. If, at any time, there shall not be a sufficient number of jurors in attendance to fill up the panel for the trial of any cause before such court, the court may order the sheriff, or other officer, to summon, either with or without process, a sufficient number of judicious men, [being freeholders,] (see § 14 of chap. 15) of such county, to fill up such panel. (Sec. 11 of R. S.)

SECT. 14. Any county court, during the term, may order an additional number of petit jurors to be summoned to attend such court forthwith, or at such time as the court shall direct. (Sec. 12 of R. S.)

SECT. 15. If all the persons summoned to attend any county court, to serve as grand jurors, shall not appear at the time stated in the venire, the court may order the sheriff or other officer to summon, immediately, a sufficient number of judicious men, [being freeholders] (see 14 of chap. 15) of such county, to fill up the panel.

(Sec. 13 of R. S.)

SECT. 16. After a grand jury are empannelled and sworn, the court shall appoint a foreman, who shall have power to swear all witnesses to testify before such grand jury, and who shall, when the grand jury or any twelve of them find a bill of indictment to be supported by good and sufficient evidence, write thereon, "a true bill," and when they do not find any bill to be supported, the foreman shall endorse thereon "this bill not found;" and the accused person shall be thereupon discharged. (Sec. 14 of R. S.)

(Sec. 15

SECT. 17. No bill of indictment shall be presented by a grand jury, unless twelve of the jurors shall agree in the same. of R. S.)

SECT. 18. If any party, obtaining a verdict in his favor, in any court shall, during the term of said court, in which such verdict is obtained, give to any one of the jurors in such cause, knowing him to be such, any victuals or drink, or procure the same to be done, by way of treat, either before or after such verdict, on due proof thereof being made, it shall be sufficient reason to set aside the verdict, and award a new trial in such cause. (Sec. 16 of R. S.)

SECT. 19. When a special session of the court shall be ordered, the grand and petit jurors shall be summoned in the same manner as is herein directed. (Sec. 17 of R. S.)

CHAPTER 36.

NEW TRIALS.

COMPILED FROM

Chap. 33 of the Revised Statutes, pp. 212-214.

Laws of 1843, 66

7.

1847, 1848,

SECTION 1. The supreme and county courts may grant new trials in all cases determined in such courts, respectively, agreeably to the usages of law, on motion at the same term in which the judgment was rendered. (Sec. 1 of R. S.)

SECT. 2. The supreme court may grant a new trial in any cause determined by such court, or by any county court, on petition of either party, subsequent to the term of the court, at which the original judgment was rendered. (Sec. 2 of R. S.)

SECT. 3. If any person prefer his petition to the supreme court for a new trial, he shall give the adverse party notice of such petition, by a citation for that purpose, signed by one of the judges or the clerk of the supreme court, to be served in the same manner as writs of summons, at least twelve days before the sitting of the court, to which such petition is preferred. (Sec. 3 of R. S.)

SECT. 4. No new trial shall be granted on petition, unless the citation to the adverse party be served, if the reasons assigned be matter of law, within one year; and, if the reasons assigned be the discovery of new evidence, within two years, next after the rendition of the original judgment. (Sec. 4 of R. S.)

SECT. 5. No new trial shall be granted in any civil cause, in which the reason assigned for granting the same is a difference of opinion as to matter of fact between the court and jury which tried the cause. (Sec. 5 of R. S.)

SECT. 6. The supreme court may, on petition and due proof made, in its discretion, grant leave to enter an appeal from any order, sentence, decree or denial of any probate court, or from any determination of commissioners on the estate of a deceased person, in cases only which are by law appealable, where the petitioner has