Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-03-07

velope unopened until the fourth Monday
next preceding the next ensuing term of
said court, on which day the said envel-
ope shall be opened by the clerk in pres
ence of the United States marshal or his
deputy and the sheriff OF such county, and
the clerk of the court shall thereupOn is
sue venires, containing the name OF the
persons so selected to act as grand and
petit jurors, and shall place such venires
in the hands of the United States mar
shall or his deputy for service, and the
same shall be served as now required by
law.
Sec. Sin all counties OF the territory
of New Mexico, except the counties in
which causes arising under the laws of
the United States are triable, the presid-
ing Judge shall at each term of court
select three commissioners with the same
qualifications and in the same manner as
provided in the preceding section, to
select Jurors to serve at the next ensuing
term OF such court and such commission
ers when qualified shall, in the same man
ner provided in the preceding section
select twelve qualified persons from the
body of such county to act as grand jurors,
and twenty-four qualified persons to act
as petit jurors at the next ensuing term of
such court, such names so selected shall
be placed on separate lists and sealed in
separate envelopes and indorsed and re-
turned into court and be there Endorsed
by the Judge and placed in the possession
of the clerk of such court and by him re-
tanned unopened until the fourth Monday
preceding the next ensuing term of such
court in the same manner as is provided
in the preceding section. The jury lists
provided in this section shall be opened in
the presence OF the sheriff, or OF the coun-
ty commissioners, and the clerk shall
thereupon issue venires for said jurors,
and place the same in the hands OF the
sheriff of the county for service, and SER
vice shall be made, and such jurors sum-
NODDED rs now provided by law, and no
person who has not been selected to serve
as juror in the manner provided by this
act, shall be qualified to serve as juror. in
any of the courts of this territory.
Sec. 9.-At any term of the district
court hereafter held in this territory, if it
shall appear to the presiding judge that
grand and petit jurors have not been Sc
lected for such term in the manner pro-
vided by this act, and ii it shall appear
that any person who has been selected
under the provisions of this act, has failed
to appear or to qualify for any cause what
ever, it shall be the duty of the presiding
Judge of such court to forthwith appoint q
special commission of three persons hay
cog the qualifications required OF jury
commissioners by this act, who shall
qualify as provided by this act, and sale
commissioners shall thereupon select 6
sufficient number of qualified jurymer
from the body of the district or OF the
county, as the case may be, to fill the
panel Of grand and petit jurors, and the
persons so selected shall forthwith be
served to appear to serve rs grand ano
petit jurors and when the panel OF grand
and petit Jurors shall have been completed
and there shall aiterward, during such
term of court, be vacancy from the ex
haustion of the panel or for any Other
cause, the presiding judge and the clerk
of the court shall jointly select from the
bystanders qualified jurymen to fill such
vacancy or to act as talesmen. as the case
may be.
Sec. 1O.-All jurymen whose per diem
is paid by the territory of New Mexico
shall receive 81 for each days actual ser
vice as jurymen, and 6 cents for eacl
mile necessarily travelled from the place
where such juror resides to the place
where court is held and return.
Sec. lin all counties OF this terri
tory, except in the counties where causes
arising under the laws of the United
Stated are triable, no grand jury shall re
main in session longer than ten days a
any one term Of court.
Sec. 1.-THE provision OF this act, ex
cept as to the qualifications of jurymen
shall not apply to proceedings in justices
courts.
Sec. 13.-All laws and parts of laws il
conflict with the provisions OF this act ar
hereby repealed.
Sec. l4.-This act shall take effect ant
be in force from and after its passage.
Filed by the governor, February 26
1889.