Page:United States Statutes at Large Volume 47 Part 1.djvu/914

 890 72d C ONGRESS. SESS. II. CH. 110. F EBRUA RY 21, 1933. Challenges for im• " SF c . 176s . A challenge for implied bias may be taken for all or plied bias . any of the following causes, and for no other : 1. Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant . "2. Standing in the relation of guardian and ward, attorney and client, m aster and servant, or landl ord and t enant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged or on whose complaint the prosecution was instituted, or in his employment on wages. 11 3. Being a party adverse to the defendant in a civil action, or having complained against or been accused by him in a criminal prosecution. "4. Having served on a trial jury which has tried another person for the o ffense ch arged . 11 5. Having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside, or which was discharged without a verdict after the case was submitte d to it . " 6. Having served as a juror in a civil action brought against the defendant for the act charged as an offense. "7. If the offense charged be punishable with death, the enter- taining of such conscientious opinions as would preclude his finding the defendant guilty ; in which case he must neither be permitted nor compelled to serve as a jur or ." Of. Exemption not cause "SEC . 176t. An exemption from service on a jury is not a cause of challe nge, but the privi lege of t he person exempted . " Stating causes of. " SEC. 176u . In a challenge for implied bias, one or more of the causes stated in section 176s must be alleged . In a challenge for actual bias, the cause stated in the second subdivision of section 176r must be alleged ; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety ; provided it appear to the court, upon his declaration, under oath or otherwise, that he can and will, notwithstanding such'an opinion, act impartially and fairly upon the matters to be submitted to him . The challenge may be oral, but must be entered in the minutes of the court or of the reporter ." ieaana a it ch ar "SEc . 176v. The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceed- ings must be had thereon as are prescribed in section 176g, except that if the e xcepti on be allowe d the juror m ust be exclu ded . The adverse party may also orally deny the facts alleged as the ground of challen~ae .' T" Of. ""S Ec. 1"(6w . If the facts are denied, the challenge must be tried by the court ." ieng xaina tion of char- "SEc. 176x . Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or dis- prove the challenge and must answer every question pertinent to the inquiry ." Rul es gov ern ing inq mtssibuity or evidence . Sic . 176y. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge ." Decision . "SEc . 176z. The court must allow or disallow the challenge, and its decision must be entered in the minutes of the court ." Rebutting tes t'mony . SEc . 56 . That the word " respectfully " in subsection 3 of section 177 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read " respectively ."