CHAPTER 241 - JURIES

AN ACT TO AMEND CHAPTER 131 OF THE REVISED CODE OF DELAWARE (1915), AS AMENDED, IN RELATION TO JURIES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 131 of the Revised Code of the State of Delaware (1915), as amended, be and the same is hereby amended by striking out all of Paragraph 4256. Sec. 5 and by inserting in lieu thereof the following:

4256. Sec. 5. Grand Jury; When and How Drawn; Number; Term of Service:--The said commissioners for each County, respectively, shall, not less than fifteen days before the commencement of the first term in each calendar year of the Court of General Sessions for the County for which said Commissioners were appointed, respectively, in the presence of such persons as may choose to be present, draw from the boxes marked "Grand Jurors" the names of fifteen persons for New Castle County, and the names of ten persons for Kent County and Sussex County respectively, one of whom shall be selected from, and shall be a resident of each representative district in the county in which he or she is selected, to serve for one year at the several courts, at which a Grand Jury is required, to be holden during said year in said County.

Section 2. That Chapter 131 of the Revised Code of the State of Delaware (1915), be and the same is hereby amended by striking out all of Paragraph 4266. Sec. 15, and by inserting in lieu thereof the following:

4266. Sec. 15. Tales de Circumstantibus; When Awarded; Deficiency in Number of Jurors, How Supplied:--If at any Court a sufficient number of grand or petit jurors, drawn and summoned as aforesaid, do not appear; or if the return by the Sheriff discloses that one or more jurors drawn cannot be summoned for any cause whatsoever; or if the panel returned by the Sheriff be quashed by the Court; the Court may award a tales de circumstantibus, or make such other order as it may deem expedient for filling up the requisite number of jurors to serve at such Court. In like manner a deficiency of the petit jurors may be supplied, when, by reason of challenges, or otherwise, a sufficient number are not ready for the trial of a cause.

Section 3. That any jury, grand or petit, heretofore drawn, shall not be affected by any of the provisions of this Act, but any such jury shall be legal and lawful, and all of their acts shall be legal and of full force and effect, the same as if drawn pursuant to the foregoing provisions.

Approved February 6, 1935.