The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1874-11-12
STAUNTON VIRGINIA, THURSDAY NOVEMBER IL. 1874.
force as if he were duly assigned to hold the

| courts in such district.
| SEC. 4. That within sixty days after the pas
| SAGE of this act and i'll tie month OF january
annually thereafter, the clerk of the district
court in each judicial district. and the Judge Of
| probate Of the county ia which the district
court is next to be held shall prepare q jury
list from which grand and petit jurors shall be
drawn, to serve i'll tile district courts, of such
district. until a new list shall be made as herein
provided, said clerk and probate judge shall al
| terlate]y select the name OF Il male citizen Of
| the United States who has resided in the dis
trict for the period OF SIX months next prece-
ding. and who can read and write in the
English language; and, as selected, the name
and residence of each shalt 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 Judge; and the same
shall be filed in the office OF the clerk Of such
district court, and II duplicate copy shall be
made and certified by such officers, and fled iii
the Office Of said probate Judge. Whenever q
grand or petit jury is to be drawn to serve at
any term of u district court, the Judge of such
district shall give public notice OF the time and
place of the drawing of such Jury, which shall
be at least twelve days before the commence
ment of such term and on the day and at the
place thus fixed, the judge of such district shall
hold an cpcu session OF his court, and shall
preside at the drawing of such jury; and the
clerk Of such court shall write the name OF each
person on the jury lists returned and filed i'll
his Office upon separate slip OF paper, as near
ly as practicable Of the same size and form ;
and all such slips shall, by the clerk in open
court, be placed in a covered box and thorough
ly mixed and mingled; and thereupon the u
nited States marshal, or his deputy, shall pro-
coed to fairly draw by lot from said box such
number of names as may have previously
been directed by said Judge; and if both Il
grand and petit jury are to be drawn, the
grand jury shall be drawn first and when the
drawing shall have been concluded, the clerk
OF the district court shall Issue yeuire to the
marshal or his deputy, directing him to sum
mon the persons so drawn, and The SAME shall
be duly served OH each OF the persons so drawn
at least seven days before the commencement
of the term at which they are to serve; and
the jurors so drawn ard summoned shall con-
stitute the regular grand and petit ji,ries foE
the term for all eases. And the names thus
drawn from the box by the clerk shall not be
returned to or placed in said box until a new
uly-lst shall be made II during any term .?
the district court any additional grand or petit
jurors shall be necessary. the same shall be
d avn from said box by the United States Elar-
shall in open court; but if the attendance OF
those drawn cannot be obtained i'll a reasonable
time, other names may be drawn in the same
manner. Each party whether iii civil or Grim
inal cases. shall be allowed three perenptory
challenges except in capital cases where the
prosecution and the dcitse SHALL each be at
lowed fifteen challenges. In criminal Gases, the
court and not the jury, shall pronounce the
punishment under the limitation prescribed by
law. The grand jury must inquire Into the
case Of every person imprisoned within the dis
trict Oh Il criminal charge and not indicted
into the condition and management of the pub
lie prisons within the district and into the
willful corrupt mSconduct in office Ut public
officers OF every description within the district
and they are also entitled to free access, at all
reasonable times, to the public prisons, and to
the examination. without charge OF all public
records within tile district.
SEC. 5. That there shall be appointed by the
govern ors of said Territory one or more nota-
rics pu lie for each organized county, whose
term of Office shall be two years. and until
their successors shall be appointed aud qualif-
ed The act Of the Legislative assembly OF the
Territory of Utah entitled IAN act concerning
notaries public" approved January seventeenth.
eighteen hundred and siNty-siX, is hereby APP
proved. except the first section thereof, which
is hereby disappovetI: Prorided, That when
ever in said act, the words 'sprobate Judge"
or q clerk Of the probate court y are used, the
words SECRETARY of the Territory shall be
substituted.
SEC. 6. That the supreme court Of said Ter
ritory is therby authorized to appoint commiss-
else all the duties of commissioners OF the cir
cult courts of the United States, and to take
Acknowledgements of bail and, i'll addition. they
shall have the same authoriny rs examining
and committing magistrates in all cases arising
under the laws of said Territory as is now posses
sed by justices of the peace in said Territory.
SEC. Z. That the act of the territorial legis
atture of the Territory OF Utah entitle 'sAn act
in relation to marshals and attorneys APP
proved March third, eighteen hundred and fiji
ty-two, and all laws of said territory inconss
tent with the provisions OF this act, are hereby
disapproved. The act Of the Congress Of the
United States entitled IAN act to regulate the
fees and costs to be allowed clerks. marshals,
and attorneys Of the circuit and district
courts Of the United States, and for other p,lr-
poses" approved February twenty-sixth, eigh-
teen hundred and ffty-three, is extended over
| and shall apply to the fees of like officers i'll
said Territory of Utah. But the district attor-
ney shall not by fees and salary together receive
more than tlirty-five hundred dollars per year;
and all fees or moneys received by him above
said amount shall be paid into the treasury of
the United States.
Approved, June %, 1874.