Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-03-07
THE JURY LAW.
The Fountain Act, Under Which Big
Money is Saved New
Mexico.
Knock Out for Professlonals---0ne Set
of Jurors-A Readable
Measure.

passed by the 2Sth legislative assembly.
The bill was drawn up and pushed
through by Col. Fountain. Following is
the law in full:
Section THAT every male citizen OF
the United States over the age of q years
and under the age OF 80 years, who has
been resident OF the territory of New |
Mexico in good faith for one year i'm
mediately preceding his selection as a
Juror, and who has been a resident i'll
good faith of the county or district for
which he has been selected as juror for
the six months Immediately preceding
such selection, and who is an owner OF
real estate, or tax payer on taxable prop
erty in the territory of New Mexico, and
who is not disqualified for any of the
reasons set forth in section 2 of this
act, shall be qualified to serve as a juror
in any of the courts of this territory, and
shall be required to serve as grand or
petit Juror when duly selected or sum-
moned as hereinafter provided, subject
however to the provisions hereinafter set
forth.
Sec. 2.-None of the following named
persons shall be qualified to act or serve
as Jurors in any of the courts OF this terri
tory. All persons holding any office OF trust
or profit in this territory by virtue OF any
appointment or commission under the
government of the United States, all
sheriffs, and deputy sheritfs, all county
commissioners, probate judges, probate
clerks, county assessors, county treas
urers, county superintendent OF public
schools, all justices of the peace and con-
stables, all territorial officers: Provided,
that notaries public and officers OF the
enrolled militia shall not be considered
territorial officers for the purposes OF this
act all persons who shall have been con-
victed of larceny perjury or other Infamous
crime; all persons living in the state OF
polygamy AL habitual drunkards all per-
sons of unsound mind all persons who
have served as grand or Tetit jurors i'll
any district court of this territory within
! the twelve months next preceding; any
person who may procure or attempt to
procure, or shall solicit to have his name
placed on the list as juror.
Sec. 3.-The following persons shall
not be disqualified from serving as jurors,
but shall be exempt from such service
upon application to the court. All prac-
Using physicians and Drug lists all minis
ters OF the gospel, all professors and
teachers of colleges, school and other in
situations of learning who are actually
engaged in the discharge OF their duties;
all officers or soldiers of the enrolled mi
litia when actually in service by order OF
the governor; all firemen who under ex-
listing laws are excused from serving on q
Jury, when it shall be made to appear to
the court that the interests of such juror
or those of the public will be materially
| impaired by his attendance, or when the
state of his own health or that of any
member of his family requires his alb
sence. And further provided, That no
notary public, overseer OF roads or bridges,
school director, or any municipal officer
except policemen, shall be exempt from
jury services by reason OF their holding
any such office.
Sec. Ain the several counties OF this
TERRITORY, where courts are held for the
trial of causes arising under the laws OF
the United States, that is to say, in the
counties of Santa Fe, San Miguel, Berna-
lilo, and Dona Ana, the number OF grand
Jurors shall be twenty.one, any twelve OF
whom may find an indictment, and the
number of petit Jurors shall be twenty
four. Such grand and petit jurors shall
be selected from the counties composing
the LIST, I'd, 3rd and 4th judicial districts
respectively, and the grand jurors SO
selected shall have jurisdiction to inquire
Into and presentment make of all crimes
and offenses committed against the laws
of the United States within and triable in
the judicial district for which said jurors
were selected, and shall also have lurls-
diction to inquire into and presentment
make OF all crimes and Otfenses commit
tied against the laws of the territory Of
New Mexico, within and triable in the
county in which said court is held, and
the petit Jurors selected in and for the re-
spective districts mentioned in this section
shall have authority to try all causes ars'
|! ing under the laws of the United States
in any county in said district, and also tc
try sill causes arising under the laws o.
the territory of New Mexico, in the coun
ty in which such court is held; it being
Il true meaning and intention OF this
act to provide for but one grand jury .ane
one petit jury in the counties where
causes arising under the laws of thu
United States are triable, that is to say
the counties OF Santa Fee, San Miguel
Bernalillo and Dona Ana, which jurie'
shall have cognizance of all causes arising
under the laws OF the United States II
the several counties comprising any sucl
district, and shall also have cognizance
all causes arising under the laws OF tn.
territory in the county in which sucl
court is held. The juries provided for il
this section shall receive no pay from tn
territory OF New Mexico.
Sec. Sin all the counties of this ter
ritory, excepting the counties OF Santa Fe
San Miguel, Bernalillo and Dona Ana
the number OF grand jurors shall b
twelve, any nine Of whom may find al
indictment, and the number of petit juror
shall be twenty.four.
Sec. 6.-At each term of any distric
court, held within the territory OF Ne,
: Mexico after the passage OF this act,
shall be the duty OF the judge holdin
said court to appoint three competent pei
sons, each of whom shall possess all tn
qualifications OF a Juror under the prov
sions OF this act, when qualified, constitut
Is a commission to select sufficient mum
y Der of qualified jurymen to act as juror
at the next ensuing term Of, said cour'
% Such commissioners, before entering upo
the discharge OF their duties, shal! eac
. make oath in open court, that ne wi
we'll and faithfully discharge the duties
his office, that he will select no person, t
act as juryman who has to the knowledg
of said commissioner solicited or asked G
attempted the placing OF his name upo
the list of jurors. Said commissioner
shall each be entitled to receive as con
pensation for his services the sum OF !
and shall also be entitled to q cents pc
mile ior each mile necessarily travele
from his place Of residence to the place