Page:United States Statutes at Large Volume 30.djvu/1336

1298 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. d°<;;g•>¤¤¤ f¤=‘ ¤¤¤¤¤ SEO. 12. That a challenge for cause is an objection to a‘juror, and ' ~ may be either _ _ First. General; that the juror is disqualified from serving in any action; or, _ _ _ Second. Particular; that he is disqualified from serving in the action on trial. G¤¤¤r¤\ ¤¤¤¤¤• vf Sec. 124. That general causes of challenge are: °h°u°”g° First. A conviction for felony; Second. A want of any of the qualifications prescribed by law for a uror- _J Third. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as renders him incapable of performing the duties of juror. P¤·¤¤¤1¤·=¤¤»¤·¤f Sec. 125. That particular causes of challenge are of two kinds- ""‘u'”g° First. For such bias as. when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias. ' Second. For the existence of a state of mind on the part of a juror in- reference to the action or‘to either party which satisfies the trier, in the exercise of a sound discretion, that he can not try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias. ¤¤¤¤¤¤z¤ fvr im- Sec. 126. That a challenge for implied bias may be taken for any of PMN"' the following causes, and for no other: · First. Consanguinity or ailinity within the fourth degree to the person alleged to be injured by the crime charged in the indictment, or the person indorsed thereon as the prosecutor, or to the defendant. Second. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, with the defendant, or the person alleged to be injured by the crime charged in the indictment, or indorsed thereon as prosecutor, or being a member of the family, a partner in business with or in the employment on wages for either of uch person , or being surety or bail in the action or otherwise for the defendant. Third. Having served on the grand jury which found the indictment, or on a coroner’s jury which inquired into the death of a person whose death is the subject of the indictment. Fourth. Having been one of a jury formerly sworn in the same action, and whose verdict was set aside, or which was discharged without a verdict, after the cause was submitted to it. Fifth. Having served as a juror in a civil action, suit, or proceeding brought against the defendant for substantially the same act charged as a crime. Sixth. If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude a person from llnding the defendant guilty; in which case he shall neither be permitted nor compelled to serve as a juror. · bi:>:¤·¤¤¤z¤f¤r ·¤¢¤¤1 Sec. 127. That a challenge for actual bias may be taken for the cause ‘ mentioned in the second subdivision of section one hundred and twenty- eight. But on the trial of such challenge, although it should appear that the juror challenged has formed or expressed an opinion upon the merits of the cause from what he may have heard or read, such opinion shall not of itself be sufficient to sustain the challenge, but the court must be satisfied, from all the circumstances, that the juror can not disregard such opinion and try the issue impartially. ”£;=¤glS:¤ '*°¤ Sec. 128. That an exemption from service on a jury shall not be cause _ "' of challenge, but the privilege of the person exempted. w{;;j‘f:{’§:f’· "°"°”d Sec. 129. That all challenges shall betaken first by the defendantand . then by the plaintiff, and the defendant shall exhaust his challenges to a particular jurorbeforethe plaintiff begins. All challenges shall be taken to each juror as he is drawn and appears, and before another jm·or is drawn, unless the court, for good cause shown, shall permit a challenge to be taken afterwards, and before the number of the jury is completed.