ART. 62. ] JURIES.

TALESMAN.

563

15. The several courts of this State shall at all times have power
to direct talesmen to be summoned to serve on juries, where without
such talesmen there would not be twenty of the original panel, ex-
clusive of the jury charged, from whom a jury can be formed; or
may direct such talesmen to be summoned whenever by challenging
or otherwise a sufficient number of jurors cannot be had to try the
case, either civil or criminal.

CRIMINAL CASES.

Id s 11
1798, c 94
When talesmen
to be sum-
moned.

16. The provisions of the four last preceding sections shall apply
to all criminal cases where the right of peremptory challenge is not
allowed, and the State's attorney for the county or city, or the at-
torney prosecuting for the State, shall strike for the State.

Art 50, s 13
1802, c 69, 1809,
c 138, ss 13, 14
What sections
to apply to cer-
tain criminal
cases
2 H & J 426.

17, Any alien, denizen, or foreigner who maybe indicted for
any offence committed within this State, shall be tried by a jury of
the county in the same manner as the citizens thereof, and there
shall be no challenge either to the array or the polls for the want of
foreigners on the panel or jury that may be selected.

Id s 14
1739, c 22, s 5,
1809, c 138, s 15
Aliens tried by
citizens

18. The right of peremptory challenge shall be allowed to any
person who shall be tried on presentment or indictment for any
crime or misdemeanor, the punishment whereof, by law, is death or
confinement in the penitentiary, and to the State on the trial of such
indictment; but the accused shall not challenge more than twenty,
nor the State more than four jurors, without assigning cause.

1672, c 40
Peremptory
challenge in
criminal cases.

PAT AND MILEAGE.

19. Jurors shall receive two dollars and a half per day, for each
and every day they shall attend the several courts of this State as
jurors, and fifteen cents for each mile over five miles, for going to
and returning from the court once in each term, to be paid by the
counties or city respectively in which such courts are held.

FORCIBLE ENTRY AND DETAINER

1805, c 78
Pay and mile-
age of jurors.

20. In all cases of forcible entry and detainer which jurors shall
be summoned to try, each juror shall be entitled to the sum. of one
dollar for his services per day, to be taxed in the costs by the
justices, and any juror who being summoned shall fail to attend on

Art 50, s 17
1832, c 121, s 1
Pay in cases of
forcible entry
and detainer.

a case of forcible entry and detainer, shall be liable to attachment
and fine, in the discretion of the justices to whom the summons is
returned, not exceeding ten dollars.

Attachment
and fine.