Page:United States Reports, Volume 2.djvu/342

 336 Cass: ruicd and adjudged in the rygs. On this {late of Lifts, Lani: fuggelled the following excep- e;»`,• tions; uhich, he {aid, were not fo much deiigned for the exiltiug catls, as to prevent the introduélion of precedents, in- jurious to the rights and fafety of pofterity. rtl. Tha: the hlarlhall had returned a greater number of ju- rors than the law authorifed ; and that he had returned a feve- nlpannel in each cafe, inllead of one general pannel to try all the i{l`u•:s at this Court. ` By the at} of Lhvgnj} (r Vai p. 67. _/I ag.) it‘ is deciar- cd, that *· in cafes punifhablc with death, the trial {hall be had in the county where the ollence is committed, or where that unnot be done, without great inconvenience, tu-eluepdlit juror: at Ir.;’]_/lull Ivjirnrmmrdjrcm tlwrrc. Anti jut‘¤!S in all cafes to. ferre in the Courts of the United Slam {hail be delignnted by lot, or otherwife, in each {late refpeélively, according to the mode of forming juries therein uow praétifcd, fo far as the laws of the fame {hall rcnder fuch delignation pt·:t£i;ical.le by the Courts or Marfhalls cf the United Stain ; and the jurors {hall have the {`ame qualilications as are requilite for jurors by the laws of the State of which they arc citizens, to ferve in the lziglzell Courts of law of {`uch State, and {hall be returned as there ilxall be ooealion for them, from fuch parts of the Dil}ri&, from time to time, as the Court {hall diretl, fo as {hall be mol} favorable to an impartial trial, and fo as not to incur an urine- " ceflary expence, or unduly to burrhen the citizens of any part of the Dillricl with {'uch {'ervices." By thc nett of Penqfvlvnnia, for the better regulation of ju- ries { 2 Vol. p. 263. 4. Daldrfr Edit. ] it is dcclarcd ** that every fherillj or any ollicer, to whom thc return of I/Ywfrc Fa- cinr yuruarer or other procefs for the trial of caufes before the judges of (her `f5' Tn·:.·:i.·:rr, geucr.zl·goal-delivery, and Priu: doth belong, {hall, upon return thereof, unlcfs in calcs where a {`pecial jury {hall be {truck by rule of Court, anne: a paunel to the {aid writ containing the chriftian and fur·names:, additions, and places of abode cf a competent number of ju- rcrs, the names of the fame perfous to be infertcrl iu the pan- nel annexed to every {`uch writ, jbr the irin! gf rr!} Qin: in riz-il and criminal aug'}.: at llvfzid C.::.·s·!:, iu caeh refpcclive county, svlikb number   _7urar.r, in any (1::::13;, _/{-.::7:::: be hjr fLanjE1·!)·- Jgltt, nor nm? tbar1_;£—:!_;·, witltcur tiietiirefliuu of the judge ur judges appointed to gu the Circuit, and lit as judge or judges of (.h·¢r{$' Tn·mi1m·, general-goAl·deliv•:ry, or 1§,7 P;-.'r:r, iu {itch county, who are hereby empowered and required, if hc or they fee caufe, by order, under hishaud, or their hands, to direft a greater number, not to exceed eighty, &c." · By the fame a€l,[[ 5.) it is further dcr·l.;rt·tl, •¢ thatthc {hc- ri.{i` of the county of P/f.{:rir·.Q»l·ia, or other cguuzy where the Supreme

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