Page:United States Statutes at Large Volume 12.djvu/459

 THIRTY-SEVENT H CONGRESS. Sess. II. Ch. 102. 1862. 429 constitute the petit jury for that term; but in a capital case where the Dljawlns 0*5** said panel shall have been exhausted by reason of challenge or otherwise,  mpml the court before whom such capital case is pending may, in its discretion, order additional names to be drawn; and if all of the names in the box shall have been drawn out and no jury found, the court may order the marshal to summon talesmen until a jury shall be found. And if a jury ·pa;eSm.,,,_ be required for the circuit court, the twenty-six persons whose names shall Circuit court. first be drawn shall constitute the jury for that term, and the names of the persons drawn as aforesaid shall not be again placed in such box for the period of two years. If any person whose name is so drawn shall have died or removed from the District, or has become otherwise disabled from serving as a juror, the said register and clerks shall draw from the box another name, who shall serve instead; and after the requisite number of jurors shall have been so drawn, the said box shall be again scaled and delivered to the clerk of the circuit court as aforesaid. Sec. 6. And be it further enacted, That it shall be the duty of the Those dmwn marshal of the District of Columbia, at least five days before the meet- as .i¤r<>rS,h¤w ing of the court for which a jury is required, to notify each person drawn, ”°UH€d‘ by serving on him a. notice in writing of his selection as a juror of the court he is to attend, and of the day and hour he is to appear; which no- _ Service of notice shall be given to each juror in person, or be left at his usual place of *’°€· residence; a copy of which notice, with his certificate stating when and in what manner the original was served, shall be returned by the said Officers remarshal to the court before the commencement of the term for which the t‘““· said jurors were drawn. Sec. 7. And be it further enacted, That in case either of the officers PY<><>*>€di¤SSif whose duty it is make out the lists aforesaid shall neglect or refuse to act, or in case either of them shall be interested in any action or pro- i ceeding pending in the said circuit or criminal court, the chief judge of the circuit court shall appoint a fit and proper person to discharge the duty instead; and if the persons selected as jurors do not attend, the ifjuwrs dv mt court may orde’r the marshal to summon other respectable tax—payers, °“°“d* possessing the other legal qualifications, to supply the deficiency. And if at any time there should not be, by reason of challenge or otherwise, _ if the panel is a sufhcient number of jurors to make up the panel, the court shall ‘“°°mPl°l°· order the marshal to summon as many talesmen as are necessary for that ur se. P Side. 8. And be it further enacted, That no person shall be competent Qualiticatirms to act as a juror unless he be a citizen of the United States, a resident °f·l“"°"‘ of the District of Columbia, over twenty-one and under sixty-tive years of age, a good and lawful man, who has never been convicted of a felony or misdemeanor involving moral turpitude. And a person may be ex- Se;?;"?; $2% cused by the court from serving on a jury when, for any reason, his inter- g J ' ests or those of the public will be materially injured by his attendance, or when he is a party in any action or proceeding to be tried or determined by the intervention of a jury at the term for which he may be summoned, or where his own health or the death or sickness of a member of his family requires his absence. _ Sec. 9. And be it further enacted, That if any omcer named m the first jliaygglgggn section of this act shall put on the list he is required to make, the name gmons on 1,5,,10, of any person at his own request, or on the request of any other person, tcprggppd, &c. in Or shall be guilty df any fraud or collusion with respect to the drawing g· of jurors, he shall be deemed guilty of a misdemeanor, and- shall be punished by a fine of not less than one hundred dollars, and imprisoned in I the county jail not less than sixty days, for each and every offence. And I for drawing too if the clerk of the circuit court shall draw from gte box a lgriater number *“‘S° “ “‘““ °"· of names than is re uired b the court, in accor ance wit the provisions uf this act, or shall (put in seiid box any name after the same has been de- pu€Q;`ng’;;¤‘éfgllK1 llV€I‘€d to him as aforesaid, or shall be guilty of any fraud or collusion m b0,;_