The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-11-13


Sec. 4. That within sixty days after
| the passage of this act, and in the
month of January annually thereafter.
the clerk of the district court in each
| judicial district, and the judge of pro-
| bate Of the county in which the district
| court is newt to be held. shall prepare
a iury-list from which grand and petit
| jurors shall be drawn. to serve in the
| district courts. of such district. until Il
| new list shall be made as herein pro-
| Sided. Said clerk and probate judge
| shall alternately select the name of u
male cifizer. of the United States who
has resided in the distrist for the period
! of six months next preceding, and who
can read and write in the English Ian
guage; and. as selected the name and
/ residence of each shall be entered upon
| the list. until the same shall contain
/ two hundred names. when the same
shall be duly certified by such clerk
! and probate iudge; and the same shall
! be filed in the office of the c.erll of
such district court, and II duplicate
copy shall he made and certified by
such officers. and filed in the Office of
said probate jud9e. Whenevera grand
or petit jury is to be drawn to serve at
auy term of n district court. the judge
of such distrie. shall give public notice
of the time and place of the drawing
of such jury. which shall be at least
/ twelve days before the commencement
! of fsttch term: and on the day and at
the place thus fixed, the judge of such
district shall hold an open session of
| his court, and shall preside at the
drawing of such jury; and the clerI of
such court shall write the name of each
person on the jury lists returned and
c1Sr
| of paper, as nearly rs practicable OF
the same size and form; and all such
slips shall. by the clerk in open count.
be placed i'll II eo.ered box and thor
oughly mixed and mingled; and there
| upon the United States marshal or his
deputy. shall proceed to fairly draw
by lot from said box such number of
names as may have previously been
directed by ssafd Judge; aud if both
grand and petit jury are to be drawn,
the grand jury snail be drawn first;
and when the drawing shall have been
concluded, the clerk of the district
court shall isstTe veilire to the mar
sflal or his deputy, directing him to
samnon the persons so drawn, and
the same shall be duly served on each
of the persons so drawn ut least seven
days before the commencement of the
term at which ti.ey are to serve; and
the jurors SO drawn and summoned
shall constitute the regular grand and
I petit juries TOR the term for all cases.
And the Names thus drawn from the
: box by the clerk shall not be returned
10 or again placed in said box until
New Jury lisf shall be made. If during
any term of the district court any adj
,Eiti"hal grand or petit jurors shall be
necessary the same shall be drawn
from said box by the United States
marshal i'll Spen court; but if the at
tendance Of those drawn cannot be OBJ
tainek in Il reasonable time, other
Games may be drawn III the same mail-
f ner. Each party whether in civil or
criminal eases. shall be allowed three
perenlptoly challenges except IN capi-
tai cases where the prosecution and
; the defense shall each be allowed fif-
5 teen challenges. In criminal cases.
; the court, and not the july, shall pro-
nounce the punishment under the lin
; itation prescribed by law. The grand
: jury must inquire into the case of ev-
/ cry person imprisoned within the dis
] trict on a criminal charge and not in
| dicted; into the condition and manage
| ment of tho public prisons within the
district; and into the willfiIl corrupt
misconduct in Office of public officers
: of every description within the district;
: aud they are also entitled to free access
r at all reasonable times, to the public
i prisons, and to the examination, with
: out charge of all public records within
e the district.
5 Sec. ,. That there shall be appoint
: ed by the governors OF said Territory
/ one or more notaries public for each
d organized county whose term of office
Y shall be two years, and until their sue
: cessors shall be appointed and qualified.
Il The act of the legislative assembly OF
T. tho Territory Utah entitled IAN act
c concerning notaries public" approved
Il January seventeenth. eighteen hun
, tired and siXty-siX. i hereby approved
, except the first section thereof. which
:. is hereby diSapproved: PT0eided. That
: wherever, i'll said act, the words PRO
n bate inlge'' or ''clerk of the probate
t court are used. the words secretary
d of the Territory" shall be substituted
t See That the supreme cOurt OF
l. said Territory is hereby authorized tc
II appoint commissioners of said court,
If who shall have and exercise all the
IS duties of commissioners of the cfreri
:: courts of the United States. and to take
t acknowledgements of bail; and in athli
# ton, they shall have the same author
- ity "a examining and committing mag
l. iStrates i'll all eases arising under tn,
o laws of said Territory as is now pos
G sessed by justices of the peace in sait
Il Territory.
; See. Z. That the act of the terrific
d rial legislature of the Territory o
e Utah entitlee IAN act in relation q
e marshals and attorneys" approve,
: March third. eighteen hundred ant
/ tifty-two, and all laws of said Terrific
d ry inconsistent with provisions of thi
e act. are hereby disapproqel The ac
$ of the Congress of the United State
e entitled An act to regulate the tee
II and costs to be allowed clerks. mar
: shals. and attorneys of the cfrcuit ant
y district courts of the United States
n and for other purposes. approve,
n February twenty-siXth. eighteen hun
q dred and fiftythree. is extended owe
l. and shall apply to the fees of like off
n GERS in said Territory of Utah. Blu
u the district attorney shall not by fee
u and salary together receive more thai
> thirty-tfve hundred dollars per year
IL and all fees Or moneys received b,
5. hill above said amount shall be pai'
u into the Treasury ofthe United States
q Approved, June %, 1874.