ELISORS. Two persons appointed by the court to return a jury when the sheriff and coroner have been challenged as incompetent, either because they are parties to the suit, or are related to either party. 3 Bla. Com. 354; Allen v. Coro., 12 S. W. 582, 11 Ky. L. Rep. 555 ; or because they are partial ;, 5 318;3 East 141; Portesc. de Laudi bus LI,. 53; Ale. & Nap. 113; or interested; Tidd, Prac. 723, 780; people v. Fellows, 122 Cal. 233, 54 Pac. 830; State v. Hultz, 106 Mo. 41, 16 S. W. 940 ; Harriman v. State, 2 G. Greene (Ia.) 270. They return the writ of venire directed to them with a panel of the jurors' names, and their return is final and no challenge allowed to the array. But a party may have his challenge to the poll; Co. Litt. 158 a.
Elisors may be appointed to serve process other than that of returning a jury; Bruner v. Superior Court, 92 Cal. 239, 28 Pac. 341. An attachment may be directed to elisors against the coroners for not attaching a disobedient sheriff who has not biought the 1218; Tidd, Prac. 314; or for not returning an execution; People v. Palmer, 1 Cow. (N. Y.) 32; but such appointment will be refus ed where it is a matter of mere service of process ; 10 Moore 266.
Authority to •appoint elisors need not be given by statute; Wilson v. Roach, 4 Cal. 362; though the legislature may authorize the governor to appoint officers with the powers of sheriff to enforce liquor laws; Gilmore v. Penobscot County, 107 Me. 345, 78 Atl. 454.
Elisors were named by the prothonotary and appointed by the court ; Barnes 465; named by plaintiff and approved by prothon otary ; 2 Wm. Bla. 911; or named by the master in the King's Bench, or prothonotary in the Common Pleas; Tidd, Prac. 151.
A sheriff is incompetent if be is part of a defendant corporation, in which case elisors will be appointed ; 1 Ir. L. Rec. O. S. 281; but where the sheriff and coroner were mem bers of a corporation defending another sim ilar suit against the same plaintiff, elisors were not appointed; Jackson v. Rathbone, 3 Cow. (N. Y.) 296.
Elisori are usually two clerks of the court or residents of the county, and are sworn; 3 Bla. Com. 354; Fortesc. de Laud. LL. 53;
but a person residing in a county other than that in which the defendant resides may be appointed under peculiar circumstances; Anonymous/ 23 Wend. (N. Y.) 102; so may one who has served under the sheriff as bailiff to the petit jury in other causes; State v. Bodly, 7 Blackf. (Ind.) 355; and only one need be appointed to serve a sum mons; Reed v. Moffatt, 62 Ill. 300; and he need not be sworn; id.
Notice of the appointment of elisors must be given to the opposite party ; 1 Stra. 235.
The appointment by a judge having com petent jurisdiction is presumed to be prop er; Turner v. Billagram, 2 Cal. 520; or by a clerk to serve a writ of replevin; Beach v. Schmultz,' 20 III. 185. If it is irregular, a motion to quash the levy should be made in the court to which the writ is returnable ; Turner v.' Billagram. 2 Cal. 520. It rests in the discretioia of the trial judge and will not be disturbed unless arbitrary and unjust ; State v. Hultz, 106 Mo. 41, 16 S. W. 940. A venire for a grand jury was directed to elisors, the sheriff being disqualified, and not to the coroner; held legal; State v. Zel ler, 83 N. J. L. 666, 85 Atl. 237.
Absence of the coroner from the garish when the sheriff a party to the suit will not warrant the appointment of an elisor; Whitehead v. Brigham, 1 La. Ann. 317. new sheriff will not be awarded process, though he be impartial, if it has already been given' to elisors ; Co:Litt. 158 a; contra, 'Anonymous, 23 Wend. (N. Y.) 102.
As ellior may be appointed to take charge.
of a jury retiring to deliberate upon a ver dict, when both sheriff and coroner are dis qualified or unable to act ; People v. Fellows, 122 Cal. 233, 54 Pac. 830; People v. Ebanks, 117 Cal. 652, 49 Pac. 1049, 40 L. R. A. 269.
By act of 'parliament elisors have free ac cess to jurors' books in Ireland; Huband, Grand Jury In Ireland 1084.
See Umfreville, Lex Coronatoria 237, 241; Huband, Grand Jury in Ireland 480; Wood ward, Coroners in Pennsylvania 140, 233.