500 THIRTY-EIGHTH CONGRESS. Sess. II. C11. 85, 86. 1865. titled to receive the pension, to commence from the death or marriage of _F¤rth¤r pro- such widow and [to] continue as aforesaid: PTOUii6Z8d,fUTt}1€T, That noth- “'°‘ ing herein contained shall be construed to repeal or modify the tenth section of an act entitled “An act supplementary to ‘An act to grant pensionsf approved July fourteenth, eighteen hundred and sixty-two,” approved July 1864, oh. 247, fourth, eighteen hundred and sixty-four, and said section is hereby de- §§m 388 clared to be in full force and effect in all cases arising under this act to ’p`which said section is applicable, saving and excepting such cases as are embraced in the preceding proviso. Approved, March 3, 1865. March 3, 1865. Crum. LXXXV.-An Ad to provide for a Chid of StavQ` fc the Lieutenant- General ’;’j"_' commanding the Armies of the Cmted Mates. Be it enacted by the Senate and House of Representatives of the Umled qblef of staff States of America in Congress assembled, That the President of the
- ° l‘°‘;°“““°‘ United States may, by and with the advice and consent of the Senate,
gumappoint a chief of staff to the lieutenant-general commanding the armies Rank, pay, &c. of the United States, who shall have the rank, pay, and allowances of a brigadier-general in the United States army. APPROVED, March 3, 1865. March 3, 1865. Cntr. LXXXVI. -—An Act regulatirg Proceedings in criminal Cases, and for other -—————-·— urposes. Be it enacted by the Senate and House of Representatives of the Cizfted Grand juries States of America in Congress assembled, That every grand jury impenll} diwiciof elled before any district or circuit court of the United States to inquire g£;;iQ}u$v:° into and presentment make of public offences against the United States, many members. committed or triable within the district For which the court is holden, shall consist of not less than sixteen and not exceeding twenty-three persons. If insumeient If of the persons summoned less than sixteen attend, they shall be placed ”“'“b°' ’·*l°“dS· on the grand jury, and the court shall order the marshal to summon, either immediately or for a day Hxed, from the body of the district, and not from the bystanders, a. sufficient number of persons to complete the grand jury. ch¤11.mgeS, And whenever a challenge to an individual grand juror is allowed, and there are not other jurors in attendance sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose. No indictment shall be found, Twglvg mus; nor shall any presentment be made, without the concurrence of at least
- 0*** *`°¤` bm- twelve grand jurors. From the persons summoned and accepted as grand
Foreman may jurors, the court shall appoint. the foreman, who shall have power to ad- "'°” l'i*“°”°°· minister oaths and aiiirmations to witnesses appearing before the grand Jury. Challeniges, Sec. 2. And be it further enacted, That when the offence charged be ”“ml’°*' ° i treason or a capital ofenee, the defendant shall be entitled to twenty and the United States to five peremptory challenges. On a trial for any other ofence in which the right of peremptory challenge now exists, the defendant shall be entitled to ten and the United States to two peremptory chaltobetricd by leuges. All challenges, whether to the array or panel or to individual R"? °°‘”`° jurors for cause or favor, shall be tried by the court without the aid of triers. Sentences for Sec. 3. And be it further enacted, That in every case where any person
to be convicted of any offence against the United States shall be sentenced to
gmc1mg_ imprisonment for a period longer than one year, it shall be lawful for the court by which the sentence is passed to order the same to be executed in any state prison or penitentiary within the district or state where such court is held, the use of which prison or penitentiary is allowed by the Expenses. legislature of such state for such purposes; and the expenses attendant upon the execution of such sentence shall be paid by the United States.
