Page:United States Statutes at Large Volume 31.djvu/411

 FIFTY-SIXTH CONGRESS. Sess. I: Ch. 786. 1900. 359 at a time from the bystandersor 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 the parties consent to a less number. Such consent shall be entered in the journal: Provided, That hereafter in trials for misdemeanors six persons shall constitute a legal jury. · Sec. 172. No challenge shall be made or allowed to the panel. A p§,§1_ °h““""g" *° challenge is an objection to a particular juro1·, and may be either- First. Peremptory; or, Second; For cause. h H Ec. 1 3. A erem for c a en e is an ob`ection to a juror for P*=*€¤¤¥2*¤* ¤h¤l· which no reasonpneed lie gilven, but gpon which the court shall exclude lense dang'; him. z SEC}; 174. A challenge for cause is an objection to a juror, and may d€%Q1%g¤¤g¤f¤¤ ¢¤¤¤¢ be eit er- ‘ ` First. General-that the juror is disqualified from serving in any action; or, Second. Particular———that he is disqualified from serving in the action on trial. · Sec. 175. General causes of challenge are- hGg¤¤r¤1 c¤¤¤€¤ of First. A conviction for felony; ° R °°g€` Second. A want of any of the qualifications prescribed by law for a uror; . J Third. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as renders him incapable of performing the duties ofa juror. - Sec. 176. Particular causes of challenge are of two kinds: ch¥;g{;jf*§¤¤‘ ¢¤¤¤¤¤ of First. For such bias as, when the existence of the facts is ascer— g' tained, in judgment of law disqualiiies the juror, and which is known in this title as implied? bias; Second. For the existence of a state of inind on the part of a juror in reference- to the action-, or to either party, which satisfies the trier, in the exercise- of a sound discretion, that he can not try the issue impartially and without prejudice to the substantial rights of the party challenging, and which IS known in this title as actual bias. Sec. 177. A challenge for implied bias may be taken for any or all l$%¤g§;s¢ for i¤¤· of the following causes, and no other: D 8 ' First. Consanguinity or affinity within the fourth degree to either art ;. P Selcond. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlordand tenant to the adverse party; or being a member of the family of, or apartner in business with, or in the employment for wages of the adverse party; or being surety or bail in the action called for trial, or otherwise, for the adverse party; Third. Having served as a juror on a previous trial in the same action, or in another action between the same parties for the same cause of action, or in a criminal action against either party upon substantially the same facts or transaction; _ Fourt. Interest on the part of the juror in the event of the action on the principal question involved therein. Sec. 178. A challen e for actual bias may be taken for the cause bigg¤¤*l€¤g€f°*¤°*¤¤l mentioned in the secongsubdivision of section one hundred and seventy- ` six. But on the trial of such challenge, althou h it should appear that the juror challenged has formed or expressed an opinion upon the merits of the cause from what he may have heard or read, such opinion shall not of itself be sufhcient to sustain the challenge, but the court must be satisfied from all the circumstances that the juror can not dis- · regard such opinion and try the issue impartially.