Page:United States Statutes at Large Volume 34 Part 1.djvu/42

 12 FIFTY-NINTH CONGRESS. Sess. I. Ch. 155. 1906. meet at the office of the clerk of the district court upon the order of the judge of said court at least once each year, at such time as the judge °‘°‘· shall designate, and after having taken and subscribed an oath `that they will honestly, faithfully, and impartially discharge their duties as such jury commissioners, shall roceed to select the names of not less than three hundred nor more than three hundred and twenty-five ersons, having and ssessing the qualifications of (jurors as prescribed J¤¤>¤- hy the laws of said lllgerritory of Oklahoma. Sai names for jurors shall be apportioned to and selected from the several voting precincts _ in said county as near as practicable according to the voting popu- S¢'°<=¤°¤ 0* ¤**¤°¤- lation of each precinct. The board of jury commissioners shall make a list of said names, showing the election precinct from which Film ¤¤•¤“=¤· each juror was selected, and shall certify to the same and file said list in the office of the clerk of the district court for the county for which said names were selected. · The clerk shall record said list upon the mmm. journal of the court and certify to the correctness thereof. As soon as said list is completed and recorded the clerk of the district court shall forthwith write each of said names upon a se arate slip of paper, which slips shall be of nmiform size and color, andp shall fold said slips and place them in a box lprovided with two locks and keys of different designs and securely loc the same, leaving no opening. When said box is closed and locked, the key of one lock` shall be retained by the clerk and the other shall be delivered to and retained by the sheriff of the county. Prior to any term of court at which a grand or petit jury will be required the judge of the district court shall certify to the clerk of the district court the number of jurors that will be required_ for either a grand or a petit jury, and direct said jury to be drawn and j Empsnmnz me summoned at such tunes as he shall direct. Upon receiving such u"' order the clerk of the district court shall notify the sheriff of the time of the drawing of such jury, and the sheriff or one of his de uties, and the clerk of the district court or one of his deputies, shall take said box contaimngthe names of the jurors so selected and thoroughl shake the same. _ hey shall then together, in the presence of each other, open said jury box, and after placing the same in a position that nejther canl see mtodit, slhall draw therejfrom alternately one name a a ime an recor the same unti the number of `urors have been drawn required in the order of the judge, ivhich may be not to exceed thirty persons from which to select a grand _ jury and not to exceed forty persons from which to select a petit jury. _ As soon as said jurors are drawn and the names recorded, the slips drawn shall be destroyed and the box securely locked and Gund and Wm retained _ in the custody of the clerk, one key being] retained by jumm the sheriff. Lpon the completion of such drawing the clerk shall nga? or separate iss? peparatetyemreis forbtue grmid and petit jurors, returnable at ‘ suc 1me as e jucge s a in is order direct. The fir t nam drawn to the number stated in the judge’s order shall be summoned il; P, _ g)rand jurors, and the grand jury shall be empaneled from said persons: Ahméa, mW_ jazuded, That additional and other drawings may be had at such inn. times as the court or judge may order for the completion of the panel of either_ the grand or petit jury, or for the empaneiing of a new grand jury during any term of court, if, in the judgment of the court, the same shall become necessary, or 1f, for any cause, the court, in its dis— cretion, shall deem other jurors necessary. The court may excuse or discharge any person drawn and summoned as a grand or petit juror C0 I t { whenever, in the discretion of the court, such action may be deemed Ndtagrgann ¤ the gggdgeigtigyédigfughe1·,1That at ajiy time dugng a term of court _ _ s en rawn an summon in the manner as herein provided, when for the trial of any cause, civil or criminal, the regular panel of jurors shall alppear to be insufficient, the jury may be completed from talesmen or the court may direct that an open venire