Page:United States Statutes at Large Volume 18 Part 3.djvu/285

 FORTY-THIRD CON GRESS. Sess. I. Ch. 469. 1874. 255 Said clerk end probate judge shall 31E01h3h0,? select the name of a» male S 6]** <> *·i°¤ ° f citieen of the United States who has resi ed in the district for the ““m°:j.6 t. f period of six months next preceding, and who can read and write in the_,,,3;,_l °° mu ° English language ;_ end, as selected, the name and residence of each shall ·be entered upon the list, until the same shall contain two hundred IM te <¤<>¤*¤i¤ names, when the same shell be duly certilied by such clerk and probate t " ° h “ “° "'1 Judge; and the same shell be tiled in the office of the clerk of such dis- °°§1:,°§m.,,m.,,, ,,,,,1 strict court, and a._duphcate copy shell be made and certiiicd by such illin oflist. oflicers, a.nd_.filed in the office of said probate judge. Whenever e W§¤°¤ j¤¥Y *° .*>° grand or petit Jury IS to be drown to serve at any term of a district gf‘{:“ P“m‘° “°“°° court, the gud ge ot such district shall give public notice of the time and Km"' place of the drawing of such jury, which shall be at least twelve days before the commencement ofsuch term ; and on the dey and et the place thus Hxed, the judge of such district shall hold an open session of his ·T¤<kr¤ fq hvld court, and shall preside et the drawing of such jury 5 end the clerk of °p°“t “°d““‘ °.'5 °€ such court shell write the name of each person on the Jury lists returned gg3i3Q_ mw ° °‘ and filed in his office upon a. seperate slip of paper, as nearly as practice- Method of drnwble of the same size and form, and ell such slips shall, by the clerk in im: open court, be placed in a covered box, and thoroughly mixed and mingled; and thereupon the United States marshal, or his deputy, shall proceed to teirly drew by lot from said box such number of names as may have previously been directed by said judge; and if both a. grand end petit jury areto be drawn, the grand jury shall be drown iirst; and when the drawing shall have been concluded, the clerk of the district _ court shall issue a. venire to the marshal or his deputy, directing him to W"? of V°“*’ji summon the persons so drawn, and the same shall be duly served on ;‘$;°df“°°°d °“ each of the persons so drawn at least seven days before the commencement of the term at which they are to serve; and the jurors so drawn, . end summoned shall constitute the regular grand and petit juries for ,m]:°g3;§;,{,::g;“· the term for all cases. And the names thus drawn from the box by the N,,,,,,,,, .1,,,,,,, got clerk shall not be returned to or again placed in said box until e new to bo. returned to jury-list shall be made. If during any term of the district court any j¤YS’·bf>$ ¤¤mWh•¤*·¤ additional grand or petit jurors shall be necessary, the same shell be ·Add¤*¤°¤¤l JW; drawn from said box by the United States marshal in open court; but °'“· I""' mw"' ifthe attendance of those drawn cannot be obtained in a. reasonable time, other names may be drawn in the same manner. Each party whether in civil or criminal cases, shall be allowed three peremptory Uh¤U¤¤z¤•· challenges except in capital cases where the prosecution and the defense shall each be allowed fifteen challenges. In criminal cases, the court, In criminal mos, and not the jury, shall pronounce the punishment under the limitation 1¤¤¤i¤1¤¤ en t Mw prescribed by law. The grand jury must inquire into the case of every P*gj;;3°';};_y dm person imprisoned within the district on e criminal charge and not in- ,,,,8 ,,,,,1 ,,,,w,,;,_ dicted ; into the condition and management of the public prisons within the district; and into the willful corrupt misconduct in office of public officers of every discription within the district; and they ere also en- · titled to free access, at all reasonable times, to the public prisons, and to the examination, without charge of all public records within the district. Sec. 5. That there shall be appointed by the governors of said Ter- N0,,:," Pam`, ritory one or more noturies public for each organized county, wh0se_term ‘ of ofxice shell be two years, and until their successors shell be appointed _ and qualined. The act of the legislative assembly of the Territory of Act of legislative Utah entitled “Au act concerning notariee public ” approved Jaupary §°c*;m:’wlléb:PP”'°d· seventeenth, eighteen hundred and sixty-six, is hereby approved, except P the iirst section thereof, which is, hereby disapproved: Provided, That Promo. . whereveryin said act, the words “ probate judge ” or “ clerk of the pro- ‘ bate court ” are used, the words “ secretary of the Territory? shall be substituted _ _ Su mm CMM Sec. 6. That the supreme court of said Territory 1s,hereby authorized my Qppom c °m_ to appoint commissioners of said court, ;who hall have audgkercise s1ll,,,i,,,,i,,,,,,,,_ the duties of commissioners of the circuitcourts of the United States, __ - and to take acknowledgments of bail; and, in addition, theyshull have 0Al;g<>r1 W an d the same authority as examining und committing magistrates 111 all cases P W ·