Page:United States Statutes at Large Volume 25.djvu/830

FIFTIETH CONGRESS. Sess. II. Ch. 333. 1889. 785 meriits of alny cause (prdprocedure to be tried at the next term of this coun; so e pyou 0 ." . Sec. 10 That the jury commissioners, after they have been ap- Selectiou by <¤<>¤¤· pointed and sworn, shall retire to a jury room, or some other apart- mm°um' ment designated by the judge, and be kept free from the intrusion of any person, and shall not separate without leave of the court until they ave completed the duties required of them ; that they shall select from the bona fide male residents of the Territor such number of qualified persons as the court shall designate, not less than sixty, free from al legal exception, of fair character and approved integrity, of soundjudgment and reasonable information, to serve as petit jurors at the next term of court ; shall write the names of such persons on separate pieces of paper, of as near the same size and appearance as may be, and fold the same so that the names thereon may ° not be seen. The names so written and folded shall be then depos- pemjumis. ited in a box, and after they shall be shaken and well mixed, the commissioners shall draw from said box the names of thirty seven persons, one by one, and record the same as drawn, which record shall be certified and signed by the commissioners, and indorsed “List of etit 'urors." · · P Snd 11. That the said commissioners shall then proceed to draw Alternate jurors. in like manner twelve other names, which shall be recorded in like manner on another paper, which shall be certified and signed by the commissioners, and indorsed “List of alternate petit jurors". The two list shall be inclosed and sealed so that the contents can not be seen, and indorsed "List of petit jurors," designating for what term of the court they are to serve, which indorsement shall be signed by the commissioners, and the same shall be delivered to the judge in open court ; and the judge shall deliver the lists to the clerk in open coulrt, and administer to the clerk and his deputies the fol- · owm oat : · "Y§u do swear that you will not open the jury-lists now delivered 0**** °' °1°*k to you; that you will not, directly or indirectly, converse with any one selected as a etit juror concerning any suit pending and for trial in this court at the next term, unless by leave of the court; so help ou God" y Sec. 12. That within thirty days before the next term, and not COPY 0* M- before, the clerk shall open the envelopes and make a fair copy of the lists of etit jurors and alternate petit jurors, and give the same to the marshal, who shall, at least fifteen days prior to the first daly of the next term, summon the persons named as petit jurors and a · ternate tit jurors to attend on the first day 0 said term as petit jurors, by giving personal notice to each, or by leaving a written notgze at thel juror’s plape of residence with some person over ten years o ave an there resi in . That the marshal shad return said lists with a statement in writ- Remm of manual. ing of the date and manner in which each juror was summoned: and if any juror or alternate legally summoned shall fail to attend he ma be attached and fined or committed as for contempt. · 'Ilhat if there shall not be a sufficient number of competent petit Filling v¤¤=¤¤<¤i¤S· jurors and alternates present, and not excused, to form a petit jury, the court may compel the attendance of such absentees or order other competent iersons to be summoned to complete the juries. Sno 13 'lihat if for an cause the jury commissioners shall not S¤l¤¢¤¤¤¤¤>‘r¤¤¤l¤¤l- appoint or shall fail to selsect a petit jury as provided, or the panels selected be set aside, or the jury list returned in court shall be ost or destroyed, the court shall order the marshal to summon a petit jury of the number hereinbefore designated, who shall be sworn to perform the duties of petit jurors as if they had been regularlyselected; and this provision shall also rlmpply in the formationof petit juries for the nrst term of the court. e want of qualincation of any person STAT L-v01. xxv—-50