Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-08-19

the said register and clerks, and the clerk
of the circuit court, shall, at least ten days
before the commencement of each term of
the circuit or of the criminal court, meet at
the City Hall in Washington city, and then
and there the clerk of the circuit court shall
publicly break the seal of said box and
proceed to draw therefrom the name of so
many persons as are required; and it tie
jury about to be drawn is intended for SER
vice in the criminal court, the twenty-three
persons whose names shall be first drawn
shall constitute the grand jury, and the
twenty-six persons whose names shall next
be drawn shall constitute the petit jury for
that term; but in a capital case where the
said panel shall have been exhausted by
reason of challenge or otherwise, the court
before whom such capital case is pending
may, in its discretion, order additional
names to be drawn; aud if all of the names
in the box shall have been drawn out aud
no jury found, the court may order the
marshal to summon talesmen untiIa jury
shall be found. And if a jury be required
for the circuit court, the twenty-six persons
whose names shall first be drawn shall
constitute the jury for that term, and the
names Of the persons drawn as aforesaid
shall not be again placed in such box for the
period of two years. Ifauy person whose
name is so drawn shall have died or re-
moved from the District, or has become
otherwise disabled from serving as juror,
the said register aud clerks shall draw
from the box another name, who shall serve
instead; and after the requisite number of
jurors shall have been so drawn, the said
box shall be again sealed and delivered to
the clerk of the circuit court as aforesaid.
Sec. @. And be it further enacted, Thnt
it shall be the duty of the Marshal of the
District of Columbia, at least five days be-
fore the meeting of the court for which a
jury is required, to notify each person
drawn, by serving on him notice in writ
ing of bis selection as Juror of the court
he 10 to attend, and of the day and hour he
is to appear; which notice shall be given to
each juror in person, or be left at his usual
place of residence, a copy of which notice,
with his certificate stating when aud in
what manner the original was served, shall
be returned by the said marshal to the
court before the commencement of the
term for which the said jurors were drawn.
Sec. q. And be it further enacted, That
in case of either of the officers whose duty
it is TO make out the lists aforesaid shall
neglect or refuse to act, or in case either
OF them shall be interested in any action or
proceeding pending in the said circuit or
criminal court, the chief judge of the cir
cult court shall appoint fit and proper
person to discharge the duty instead; and if
the persons selected as jurors do not at
tend, the court may order the marshal to
summon other respectable tax payers, pos
sessing the other legal qualifications, to
supply the deficiency. And if at any time
there should not be, by reason of challenge
or otherwise, a sufficient number of jurors
to make up the panneI, the court shall or
der the marshal to summon as many tales.
men as are necessary for that purpose.
Sec, 8. Aud be it further enacted, That
no person shall be competent to act as
juror unless he be citizen of the United
States. a resident of the District of Colum-'
bia, over twenty-one and under sixty-fve.
years of age, good aud lawful man, who
has never been convicted of felony or mis-
demeanor involving moral turpitnde. And
a person may be excused by the Court
from serving on jury, when, from any
reason, his interests or those of the public
will be materially injured by his aIten1-
ance, or when he is party in any action
or proceeding to be tried or determined by
the intervention of a jury at the term for
which he may be summoned, or where his
own health or the death or sickness of a
member of his family requires his alb
sence. t.f. 4.-l.+ sl- .-
Sec. 0. And be it further enacted, That
If any officer named in the first section of
this act shall put on the list he is required
to make the name of any person at his own
request or on tue request of any other
person, or shall be guilty of any fraud or
collusion with respect to the drawing of
Jurors, he shall be deemed guilty of a mis-
demeauor, and shall be punished by a fine
Of not less than one hundred dollars, aud
imprisoned in the county Jail not less than
sixty days, for each and every offence
And if the clerk of the circuit court shall
draw from the box a greater number of
names than is required by the court, in
accordance with the provisions of this act,
or shall put in said box any name after the
same has been delivered to him as afore-
said, or shall be guiltyof any fraud orcol-
fusion in respect to the drawing of jurors;
he shall be deemed guilty of misdemean-
or, and shall be punished by d fine of not
less than one hundred dollars, and be, i'm
prisoned in the county Jail not less than
sixty days. for each and every offence.
SEC. 10. And be it further enacted, That
If any person selected ms juror aud duly
notified to attend according to the re-
quirements of this act, shall, without suf-
;icient cause, neglect to attend agreeably to
such notice, he shall be fined by the court
~ - sun sun ,5AS uot t5SASeeuiuB eheutI oOllAts iVr
every day be shall be absent during the
sitting of said court.
SEC. IL, And be it further enacted, That
the names on the lists specified in the Sec
ond section of this act shall be selected, as
near as may be, from among the citizens of
the several wards OF the cities of Wash
ington and Georgetown, and the three di-
visions of the county of Washington out
side the limits of said cities formed by the
Eastern branch of the Potomac river aud
Rock creek, In proportion TO the number of
taxable inhabitants residing 10 said wards
aud districts, respectively.
Approved, June l6, 1862,
[PpDtic-No. sI.l