Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1865-06-01
IPUBLIC No. ca
L tbIiC No t3
AN ACT regulating proceedings in criminal
cases, and for other purposes

lPUBIlC-No. "a
AN ACT regulating proceedings in criminal
cases, and for other purposes.
BE Il enacted by the Senate and House Of Rspr,-
ssntatjres Of the United States of lnqerca in Cba
gresS assembled, That every grand iury impan-
elled before any district or circuit court of the
United States to inquire into and presentment
make OF public offences against the United
States, committed or trfable within the district
for which the court is holden. shall consist OF
not less than sixteen and not exceeding twen-
ty-three persons. Ii of the persons summon.
ell less than sixteen attend they shall be placed
on tho grand jury, and the court shall order
the marshal to summon, either Immediately
OF tor day fixed, from the body of the dis
trlet, and not from the bystanders, "A sufficient
number OF persons to complete the grand Jury.
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 u like order
To the marshal to summon a sufficient number
OF persons for that purpose. No indictment
shall be found, nor shall any presentment be
made without the concurrence of at least
twelve grand jurors. From the persons sum-
moned and accepted as grand jurors, the court
shall appoint the foreman, who shall have
power to administer oaths and atfirmations to
witnesses appearing before the grand Jury.
Sec. .. Ind be H further enacted. That when
the offence charged be treason or a capital of
fence, the defendant shall be entitled to twen-
ty and the United States to five peremptory
challenges. On trial for any other offence
in which the right of peremptory challenge
now exists, the defendant shall be entitled to
ten and the United States to two peremptory
challenges. All challenges, whether to the
array or panel OF to individual jurors for cause
or favor, shall be tried by the court without
the aid of triers
Sec. 8. iHd be IL .fiather enacted That
III every case where any person convicted of
any offence against the United States shall be
sentenced to imprisonment for u period longer
than one year, it shall be lawful for the court
by which the sentence is passed TO order the
same 10 be executed in any State prison o! pen
itentiary within the district or State where
such court is held, the use of which prison OF
penitentiary is allowed by the legislature OF
such State for such purposes; and the expenses
attendant upon the execution OF such sentence
shall be paid by the United States.
Sec. 4. Ind BE IL further eRccted, That is
sues OF fact in civil cases in any Circuit court OF
| the United States may be tried and dctermiu-
ell by the court without the intervention Of a
jury, whenever the parties, or their ATTORNEYS
OF record file a stipulation in writing with
the clerk OF the CONT waving jury. The
finding of the court upon the facts, which find.
ing may be either general OF special, shall have
| the same effect as the verdict of a iury The
rulings OF the court ia the court Icausel in tht
| progress OF the trial, when excepted to at the
time, may be reviewed by the Supreme Court
OF the United States upon writ of error, OF
upon appeal, provided the rulings be duly pre-
sented by a bill of exceptions When the find
ing is special, the review may also extend to
| the determination OF the suiiiciency of the
facts found to support the Judgment.
See. g. Ind be IL further enacted. That all
acts and parts of acts in conflict with this act
be, and the same are hereby, repealed
| See 6, Ind Be IL further enacted, That thi,
act shall take effect OH the first day of June
one thousand eight hundred and sixty-fye.
/ Approved March 3, 1865.