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Page:United States Reports, Volume 2.djvu/343

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Cxncurr Courrr, Pom;/jlunnia Dil'tri&. 337 Supreme Court of 'udicature lhallbe holden, or other oEcer to r 79;. whom the return of the Flair: Facia: yurarwer, or other pro- *"V‘ cefs fer the trial of caufes at bar before the juftiees of the Su- preme Court, doth belong, fhall, upon rctum thereof, unlets in cafes wherea fpeeialjury {hall be llrucl: by rule of Court, annex a pannel to the faid writ, containing the ehriliian and furnames, additions, and places of abode, of a competent num~ ber of jurors, the names of the fame perfons to be inferred in the pannel annexed to every fuch writ, jbr tb: trial gf all {yin: to hirird at il-: bur f tb: aid Court during the eq/`uing Term, rubicb number af _7m·ar.r All not be l¢ than jbrty-eight, mr more lbrmfxty, E5'¢·." . The law of the State being thus made the rule for the Fede- ral Courts, Lewis contended, that, in no cafe, could the Mar- ihall be authorifed to return more than 8o jurors; that the power of extending the pannel to that number does not veft in the Circuit Court, fitting in its ordinary eharalfter, as the a£t only veflts it in the Courts of Oyzr if Terminer, general-goal- delivery, and Nj Prius; but that, in the prefent inflancc, even that number, and without the order of the Court, had been far exceeded, Iince rz Jurors had been fnmmoned from each of the four counties, in which the charges were laid, and 60 had been fummoncd from other parts of the State, making in the whole 108, which he conlidered as an unneceilirry as well as an expenlive and opprellive call on the citizens. He inlifled,that,as different charges were laid in the four counties, 48 jurors {hould have been fummoncd from them, and only the number neceiiirry to complcat the pannel of 6o, or, in cafe of a fpccial order, the pannel of 80, might be fummoned from any other part of the State. In England the power of fummoning jurors is limitted to 48, unlcls by the fpecial order of the Jultices of Oyrr U Termincr and generahgoal-delivery. Key!. 16. The aéi: of Cangnp does not dire&,that the r 2 Jumrs, to be brought from the county where the offence was committed, lhall be over and beyond the 60 ju- rors, dire€ted by the State law to be fummoned ; nor does it per- mit the Marlhall to fummon the jurors whence he pleafes, with- out the exprefs order of the Court. The return of feveral pannels for the trial of each ilfue, I.e·wi.r deemed to be equally inconlilient with the terms and po- licy of the Pmnfylvauia law, which the law of Cmgrgfr had like- wife adopted. Great inconvcniency had been experienced from fuch a praéiice; and the State Legiflature,as a reformation in the fyflem of juiifprudence that prerioully prevailed, exprelirly e· nailed, that the pannel annexed to every writ of Vmiye Hzcia: gut-ntar·:.r. fhould be “ for the trial of all j/[im to be tried at e bar of the faitl Court, during the faid "l.`erm." ad. Thata copy of the mprisn of the indiflments, as wei} as Uu =