Page:Acts of Arizona 1909.djvu/39

Rh provisions of this Chapter, the district court of the district wherein any such county is situated, or the judge thereof at chambers, or in his absence, the judge of any other district, upon the petition in writing of any person possessing the qualification of a juror in said district, verified by the oath of the petitioner, setting forth the failure to make such list, or to perform any other duty required of said clerk by the provisions of this Chapter, shall cause to be issued a peremptory writ of mandamus compelling the said clerk forthwith to cause such lists to be made, or said duty to be performed.

Section 2.&emsp;That paragraph 2845 (Section 71 of Chapter VI Title XXXVIII of the Civil Code of the Revised Statutes of Arizona, 1901, be and the same is hereby amended to read as follows:

“2845&emsp;(Section 71)&emsp;Where a sufficient number of jurors fail to appear, the court may, in its discretion, order a sufficient number to be drawn forthwith to attend said court, or it may by an order entered upon its minutes, direct the marshal forthwith to summons so many persons qualified as jurors of the district, to serve as jurors as the business of the court may require, and in either case such jurors shall be summoned in the manner provided in the preceding section, and shall serve as jurors unless excused by the court, in open court, for good and sufficient cause, and the particular reason for such excuse shall be entered by the clerk on the minutes of the court.

Section 3.&emsp;Where not already done for the year 1909, the clerks of the several courts shall forthwith prepare the lists herein provided, and comply with the provisions of this Chapter.

Section 4.&emsp;That all Acts and parts of Acts in conflict with this Act are hereby repealed.