Page:United States Statutes at Large Volume 18 Part 1.djvu/223

 Tum x111.—'1`HE JUDICIARY.——C11. 15. 151 Sec. 804. When, from challen s or otherwise, there is notapetitjlur Tf¤]¤¤_mcn for to determine any civil or criminadc cause, the marshal or his deputy s all; by order of the court in which such defect of jurors happens, return 24 $¢P¢·.1789.¢- jurymen from the bv-standers sufficient to complete the panel; and when 2°l3“·]i9é_"·  88· the marshal or his deputy is disqualified as aforesaid, jurors may be so 86 ,,1 v_};, ,,503; returned by such disinterested rson as the court may appoint. and such ’ kj,,; person shall be sworn, as provideed in the preceding section. ford, 18 How.,588. Sec. 805. When special juries are ordered in any circuit court, they Special juries in shall be returned by the marshal in the same manner and form as is the circuit <><>¤F*·¤· required in such cases by the laws of the several States. 3129 gxprilélsogépl ,B. ,V. ,p. . Sec. 806. No jur shall be drawn for service exclusivel in the circuit NGW York. court for the northern district of New York at the adljourned terms  thereof required by law to be held at Albany and Utica, but the jury 245, s. {Y v. 13; p. drawn to serve in the district court_held at the same times and places 385- ' with said adjourned terms shall be used for the trial of issues of fact arising in civil causes in said circuit court, and the verdicts of said jury, and al proceedings upon the trial of said issues, shall be of the same effect as if the said jury had been drawn to serve in the said circuit court. Sec. 807. The clerk of the district court for Vermont shall not cause Vermont, when a petit jury to be summoned or returned to any session in which there Wm NYY @0 be shall apfpear to be no issue proper for trial by jury, unless by special “""““i’“°d· order o the judge. 3129 ;prilé1B02bp. ,s. ,v. ,p.l. Sec. 808. Every grand jury cmpaneled before any district or circuit _ Numberofjmgnd court shall consist of not less than sixteen nor more than twent —three l“"’”? °°***P ******9 persons. If of the persons summoned less than sixteen attend; they K; shall be placed on the grand jury, and the court shall order the marshal 3 M"-. 1865. ¤· to summon, either immediately or for a day fixed, from the body of the 8°·“·1·"·13·P·5°°· district, and not from the by—standers, a sumcient number of persons to complete the rand jury. And whenever a challenge to a grand juror is adowed, and there are not in attendance other jurors sufficient to complete the grand jury,·the court shall make a like orderto the marshal to summon a sufficient number of persons for that pmose. Sec. 809. From the persons summoned and accep as grand jurors, _Foremanetgnmd the court shall appoint the foreman, who shall have power to administer 1**3% **PP°*¤*m°¤t oaths and atlirmations to witnesses appearing before the grand jury. ‘“ l’°“” °f· 3 Mar., 1865, c. 86. s. 1, v. 13, p. 500. Sec. 810. No rand jurv shall be summoned to attend any circuit or GN-¤d i¤¤‘i¤¤. district court uugass one of the judges of such circuit court, or the judge “'h°“ ““m“‘°“°d· of such district, in his own discretion, or upon a notification by the d1s- 24 Sept., 1789,c. trict attorney that such jury will be needed, orders a venire to issue 2*% ¤·29» V- L E1388- therefor. And either of the said courts may in term order a grand jury ,3§°5ujY· iisé °· to be summoned at such time, and to serve such time as it may direct, 8* A],gf,pj846,'c_. whenever, in its judgment, it may be proper to do so. But nothing 98,s. 3, v. 9, p. 72. herein shall operate to extend beyond the time permitted by law the im- 16 Aus-. 1856.6- prisonment before indictment found of a person accused of a crime or 12‘·°·7·"· u*P·5°· offense, or the time during which a person so accused may be held under recogmzance before indictment found. Sec. 811. ’l`he circuit and district courts, the district courts of the Discharge of Territories, and the supreme court of the District of Columbia, may K¤`¤¤d l¤¤¤¤· discharge their grand juries whenever they deem a continuance of the 16 Aug.,1856,c. sessions of such juries unnecessary. _ - 124, s.7,v. 11, p. 60. Sec. 812. No person shall be summoned as a juror in any circuit or Jurors not to be district court more than once in two years, and it shall be sufficient ::“*'¤°¤°d 9***j¤°; cause of challenge to an juror called to be sworn in any cause that he y,,::,_°"°° "' W has been summoned andy attended said court as a juror at anly term of ig—_g§5] said court held within two years prior to the time of such chal enge. ZlB,s.2,v.16,p. 363. sr-03--15