Delaware State journal and statesman., 1865-06-09
OFFICIAL.
Laws of the United States.

Passed at the Second Session Of The Thirty
Eighth Congress.
(PUBLIo-No SOL
An AsT regulating Proceedings In Criminal Cases and fol
other Purposes,
enacted by the Senate and House Of
Of the United stses OF America In Congress assembled
That every grand jury mpanesd before any diairic ar
circuit court Of the United States to inquire into and nre
sentiment make Of public offences against the Unitad
States committed triAble within the district for which
the court is holden, shall consist not less than sxeen
and mot exceeding twenty three persons II Of the per.
summoned less than sixteen attend they shall be
placed on the grand jury and the court shall order the
marshal 10 summon, either Immediately or for a day
fixed from the body Of the district and not from the by
sandeTs sufficient number Of persons to complete the
grand Jury And whenever challenge to an individual
grand Juror s allowed and there are not other Jurors In
attendance Fueent TO complete the grand Jury the court
shall make like order to the marshal to summon
sufficient number Of persons for that purpose. No in
dlatmsnt shall be found shall any presentment 10
made, without the concurrence of at least twelve grand
Jurors. From the persons summoned and accepted as
grand jurors the court shall appoint the foreman who
shall have power to administer osths and armstons io
witnesses appearing before the grand Jury.
sec 2. And bo 1t further enacted That when the OF
fence charged DO treason or capital offence M and
an shA be entitled to twenty and the United sAtes to
1--WE peremptory challenges on trial io any other Of
fence ln which tue right Of perempory challenge now
exists the defendant shall be entitled to ten and the
United States to two poremptory challenges All ehal.
lenges whether to the array panel to individual
Jurors for favor shall be tried by the court
without the aid Of triers.
See 5. And bo 1t further enacted That ln every casa
where any person convicted OF any offence agalnAt the
United States, shall be sentenced Ia imprisonment for
period longer than year. It shall be lawful fer The
court by which the sentence Is passed. order the same
to be executed In any state prison penitentary With
In the dstct or state where such court s held the use
Of which prison penentAry Is allowed by the iegis
laure OF such states for such PURPOSES and the ex-
penses attendant upon the execution Of such sentence
hall be paid by the United States.
sso And be It further enacted That Issues Of fact
In sy cases. any circuit court Of the United States NAV
be tried and determined by court without the nsrven
tlon Of Jury whenever the parties or their attorneys Of
the court waving Jury The Apding Of the court upon
the facts which finding may be either general or special
shall have the same effect as the verdict OF jury The
rulings Of the court In the couf In the progfas az
the trial. when excepted TO at the time may be reviewed
by the Supreme court Of the United States upon writ
OF error upon appeal provided the rulings be duly
presented by bill Of exceptions When the finding "
special the review may also extend to the determination
OF the suosnY Of the facts found to support the judR
mept.
see O. Aud bS 1t urther enacted, That all aets and
parts Of acts In CONFLICT with hs act be- and the same
are hereby repealed
ssc 0. And be 1t further enacted That this act shall
hundred and sxty.hve.
APPROVED March 8, 1865