Smyrna times., 1874-11-11


courts and from the Judgments OF the probate courts
an appeal shall lie TO the district court of the dis
trct embracing the county in which such probate
court Is held IN such cases and in such manner as
the supreme court of said Territory may by gen.
oral rules framed for that purpose, specify aud
| designate, and such appeal shall vacate the lndg-
ment appealed from, and tire shall be tried dc
noVo IN the appellate court. Appeals may be taken
from both Justices and probate courts TO the dis.
trIct court OF their respective districts where
| Judgments have been heretofore rendered and re-
main unexecued but thus provision shall not
large the tuIe for taking appeal beyond the pc.
| RODS now allowed by the existing laws Of said Ter
ilOry for taking appeals. writ of error from the
Supreme Court of the United States to the supreme
court Of the Territory shall lie in criminal cases.
where the accused shall have been sentenced to
capital punishment or convicted of blgamy or poly
gamy. Whenever the condition of the business i'm
the district court Of any district is such that the
Judge Of the district is unable to do the same, he
may request the Judge OF either of the other dis
tricts to assist him, and, upon such request made
the Judge so requceted may hold the whole or part
Of any term, any branch thereof and his acts as
judge shall be of equal force if he were duly as
signed to hold the courts in such district
SEC. 4. That within sixty days after the pas
sage Oi this act, md in the month of January
nually thereafter, the clerk of the district court in
each Judicial district, and the Judge OF probate OF
the county in which the district court is to be
SndII prepare from winch granu and
petit jurors shall be drawn. to serve in the district
courts, Of such district, until new list shall be
made as herein provided, Said clerk and probate
Judge shall alteI naely select the name Of d male
citizen of the United States who has resided in the
district for the period Of six months next preceding
lnd who read and write in the English Ian.
guage and, selected the name and residence of
each shall be entered upon the list until the same
shall contain two hundred names, when the sumo
shall be duly certified by such clerk and probate
Judge; and the shall be filed in the office Of
the clerk OF such district court, and a duplicate
copy shall be made and certified by such officers,
and filed in the office Of said probate Judge. When
ever grand or petit jury is TO be drawn to at
any term OF district court the judge OF such dis.
trict 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 such
term and the day and u. the place thus fixed thy
Judge of such district shall hold an open session O
his court and shall preside at the drawing of such
Jury and the clerk OF such court, shall write the
name ofeach person the Jury lists returned and
filed in his Office upon separate slip OF paper II.
nearly practicable of the same size and form
and all such slips shall. by the cctk in open court
be placed in covered box and thoroughly mixec
and ming gled; and thereupon the United States
marshal, or his deputy, shall proceed to fairly draw
4 by lot from said box such number of names ma
. have previously been directed by said Judge; and
= If both grand and petit Jury TO be drawn, the
grand jury shall be drawn first and when the draw
ing shall have been concluded the clerk Of the dis
trict court shall issue a venre 10 the marshall hi
+ deputy, directing him to summon the persons 81
: : drawn aud the same shall be duly served on eacl
of the persons so drawn at least days before
: the commencement of the term at which they Il
: serve; and the Jurors drawn and summoned
shall constitute the regular grand and pt tit jurie
r. for the term for all And the names thu
drawn from the box by the clerk shall not be return
| ed TO again placed in ead box until lur
! ST shall be made. If during any term Of the dis
:, trict court any additional grand petit juror
= shall be necessar. the same shall be drawn from
: i'd box bv the United States marshal in Ope
court; but if the attendance OF those drawn cannu
be obtained IN reasonable time, other names ma
- b. drawn in the same manner Each party whethe
- IN civil or criminal cases, shall be allowed tire
- peTLmptOry challenges except IN capital cases wher
y the prosecution and the Gef, n>0 81 each be u
:, lowed fifteen challenges. In criminal cases, tn
=, court, aud not the jury shall pronunce the punish
= ment under the limitation prescribed by law. Ih
i grand jury must inquire into the case of every PEI
"a son imprisoned wItnIn The district crInIn'
: charge and not indicted into the condition an
~ management of the putlIc prisons within the d.
"a trict: and into the willlul corrupt misconduct
30 office Of public officers of every description with
the district; and they also entitled to free ~
cess at all reasonable times, to the public prison
~ and TO the examination. lthout charge OF all pub
% records " thin the district.
49, Continued on third page.