Page:United States Statutes at Large Volume 30.djvu/1335

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1297 Sec. 116. That il} when the indictment is called for trial, the defend- d Wh.°¤ P°°’* m¤Y9*· ant appear for trial, and the district attorney is not ready and does not t1i;i§;1dliL';l€v?;¤€i1sr show any sufficient cause for postponing the trial, the court must order l"°“°°“*l°“· the indictment to be discharged, unless, being of opinion that the public ljnterestis 'reqluire the indictment to be retained for trial, it direct it 0 e so re aine . Sec. 117. That if the court order the indictment to be discharged, ch§f"’°* °‘ ““°h **1* the order is not a bar to another action for the same crime, unless the ga court so direct; and if the court so direct, judgment of acquittal must be entered. Sec. 118. That if, upon the discharge of the indictment, the court diP',j’°°°‘“Pg ‘}l;f’“ give a judgment of acquittal, the same proceedings must be had there- i¤sii¤.1°iTg° m N a wu on, in relation to the custody of the defendant, his bail or money deposited in lieu thereof, as are prescribed in section ninety-tive of this Title. CHAPTER Fouurnnu. OF THE FORMATION OF THE TRIAL JUBY. Sec. Sec. 119. Trial jurors, how selected. i 129. Challenges, how and when taken. 120. Formation of jury. 130. Order of taking challenges. 121. Challenge to the panel. 131. Trial of challen e. 122. Peremptory challenges defined. 4 132. Proceedings ang evidence on trial 123. Challenge for cause defined. of challenge. 124. General causes of challenge. 133. Challenge may be oral. 125. Particular causes of challenge. 134. Challenges, by whomand how taken. 126. Challenge for implied bias. 135. Peremptory challenges, number of. 127. Challenge for actual bias. 136. Oath of jury. 128. Exemption from service on jury. Sec. 119. That jurors for the trial of persons accused of any of the “£;@dJ¤*°*¤» h°* crimes delined in the laws of the United States applicable to the Dis- ` trict of Alaska, as hereby revised and codified, and for the trial of issues of fact in civil actions, shall be selected and summoned in the manner prescribed by the laws of the United States with respect to jurors of the United States district and circuit courts, and shall have the same qualifications and be entitled to the same exemptions as are provided in chapter four, title two of this Act in the case of grand uries. J Sec. 120. That trial juries shall be formed as follows: When the action F°¤¤¤**°¤ 0* JW'- is called for trial the clerk shall draw from the trial-jury box of the court, one by one, the ballots containing the names of the jurors until the jury is completed or the ballots are exhausted. It' the ballots become exhausted before the jury is complete, the marshal, under the direction of the court, shall summon from the bystanders or the body of the District so many qualified persons as may be necessary to complete the jury. Whenever, as in this section provided, the marshal shall summon more than one person at a time from the bystanders or the body of the District, he shall return a list of the persons so summoned to the clerk. The clerk shall write the names of such persons upon separate ballots and deposit the same in the trial-jury box, and then draw such ballots therefrom, as in the case of the panel of trial jurors for the term. The jury shall consist of twelve persons, unless in trials for misdemeanors the parties consent to a less number. Such consent shall be entered in the journal. suc, 121. That no challenge shall be made or allowed to the panel, C;¤{H¤¤S¤ *0 Nm A challenge is an objection to a particular juror, and may be either pm First. Peremptory; or, Second. For cause. Sec. 122. That a peremptory challenge is an objection to a juror for I P¤·w·5¤i>$<>ry <=h=·1- which no reason need be given, but upon which the court shall °"g“ “ ”°"‘ exclude him. · vox. xxx--82