In this way the foreman is sworn, and the other grand jurors must swear that they will “observe and keep” the same oath taken by the foreman.  An oath is a solemn statement or declaration with an appeal to God, or calling God to witness that what is stated is true or that the person shall tell the truth.

Witnesses before giving evidence in courts at the trial of a case must make oath or swear to “tell the truth, the whole truth and nothing but the truth.”  While the witness is repeating the words of the oath he holds a Bible or Testament in his hand, and kisses it when he has repeated the words.

There are two kinds of grand juries—­regular and special.  There is a regular grand jury at two terms in each year, of the circuit, corporation, or hustings court.  But a grand jury may be ordered by a circuit, corporation, or hustings court at any time there may be special or urgent need for it, and such grand jury is called a special grand jury.

Grand jurors are entitled to the same compensation and mileage as petit jurors (see next section).

Petit Jury.

Consists of twelve members.

Duties.  Hear evidence before the court in civil and criminal cases and render a verdict according to the law and evidence.

The petit jury is the jury impanelled—­that is, put on a panel or list—­to try cases in court.  How such a jury is formed is stated under Juries (see page 68).  Petit jurors, like grand jurors, must take an oath to do their duty honestly. (The word jury is derived from the Latin word jurare, which means to swear.)

It is the duty of the petit jury to hear the evidence in the case it is to try, and to give a verdict in accordance with that evidence.  If the evidence presented before the court proves the accused to be guilty, the jury must give a verdict of “guilty”; if the evidence is not sufficient to show that he is guilty, they must give a verdict of “not guilty.” (For verdict, see page 11.)

The verdict of the jury must also be according to law.  This means that the jury must give heed to the law of the case as explained by the judge.  Evidence might be offered which would not be lawful.  It is the duty of the judge to decide whether evidence is lawful or not, and if he decides that any evidence is illegal or unlawful, then the jury must not pay any regard to it in considering their verdict.

Questions.

1.  By whom are court clerks appointed or elected, and for how long do they hold office?

2.  How are court clerks paid? 8.  What are the duties of court clerks?

4.  What are dockets?

5.  What are the tipstaff and crier, and what are their duties?

6.  How is the commonwealth’s attorney chosen, and for how long?

7.  Where must the commonwealth’s attorney reside, and how is he paid?

8.  What are his duties?