Suitable persons selectel

Clerk to put names in boxes.

Jurors, how drawn.

Venires to

meeting in January, it shall be their duty to make out and deliver the same as aforesaid, at any regular meeting of said board.

$ 5. In preparing such lists the said board of county commissioners shall select such persons only as they know, or have good reason to believe, are possessed of the qualifications by law required of persons to serve as jurors, and are of approved integrity, fair character, sound judgment and well informed.

$ 6. On receiving such lists, the clerk of the district court shall write the names of the persons contained therein, on separate pieces of paper, and shall roll up or fold such pieces of paper, each in the same manner as near as may be, so that the name written thereon shall not be visible, and shall deposite such pieces of paper, those containing the names of the grand jurors in one box, and those containing the names of petit jurors in another box, from which they shall be drawn as hereinafter provided.

§7. At least fifteen days before the sitting of any court, the clerk of the court, in the presence of the sheriff or under sheriff, and a justice of the peace, shall proceed and draw the names of twenty-three persons from the box containing the names of the grand jurors, to serve as grand jurors at such court, and the names of thirty-six persons from the box containing the names of petit jurors, to serve as petit jurors at such court.

$ 8. The clerk of the district court shall, twelve days at least bebe given to fore the first day of the court, issue and deliver to the sheriff or un

sheriff.

Sheriff to summon persons

der sheriff of the county two venires, one for the grand jury and one for the petit jury, under the seal of the court, commanding him to summon the persons so drawn as grand jurors, to appear before the said court, at or before the hour of eleven o'clock, A. M., on the first day of the term thereof, to serve as grand jurors; and the persons so drawn as petit jurors, to appear before the said court, at or before the hour of eleven o'clock, A. M., on the second day of the term thereof, to serve as petit jurors.

$9. The sheriff or under sheriff shall summon the persons named in such venires to attend such court as grand or petit jurors, as the named in ve-case may be, at least four days previous to the sitting of such court,

mres.

Penalty for non-attendance.

No. of grand jury sworn.

In case of deficiency.

by giving personal notice to each person, or by leaving a written notice at his place of residence with some person of proper age. He shall return such venires to the court at the opening thereof, specifying those who were summoned and the manner in which each person was notified.

$ 10. If any person duly drawn and summoned to attend as juror in any court, shall neglect to attend without any sufficient excuse, he shall pay a fine not exceeding forty dollars, which shall eimposed by the court to which the juror was summoned, and shall be paid into the county treasury.

$ 11. There shall not be more than twenty-three nor less than sixteen persons sworn on any grand jury; and from the persons summoned to serve as grand jurors and appearing, the court shall appoint a foreman.

$ 12. In case of a deficiency of grand jurors in any court, writs of venire facias may be issued to the proper officer to return forthwith such farther number of grand jurors as may be required.

serve.

$ 13. The proper officer shall summon such persons accordingly, Persons who shall be bound forthwith to attend and serve unless excused by bound to the court, in the same manner and subject to the same penalties for neglect as persons duly drawn by the clerk of the district court, and summoned as herein provided.

cused inay

$ 14. A person held to answer to any criminal charge may object Person ac to the competency of any one summoned to serve as a grand juror, object to before he is sworn, on the ground that he is a prosecutor or complain- grand juror, ant upon any charge against such person, or that he is a witness on the part of the prosecution, and has been subpœnaed or been bound in a recognizance as such, and if such objection be established the person summoned shall be set aside.

a list of the names of Jurors how

$ 15. The clerk of the court shall prepare all the persons returned as grand jurors, and when the jury is to be sworn. empannelled two persons in the list shall be first called, and the following oath shall be administered to them:

oath.

"You as grand jurors of this inquest for the body of this county of Form of do solemnly swear (or affirın, as the case may be,) that you will diligently inquire and true presentment make of all such matters and things as shall be given you in charge; the counsel of the United States, your fellows and your own, you shall keep secret et; ; you shall present no man for envy, hatred or malice, neither shall you leave any man unpresented for love, fear, favor, affection or hope of reward, but you shall present things truly as they come to your knowledge, according to the best of your understanding, so help you God." The other jurors shall then be called in such divisions as the court may deem proper, and the following oath shall be administered to them. "The same oath which your fellows have taken on their part, you and each of you on your behalf, shall well and truly observe and keep, so help you God."

$ 16. The foreman of every grand jury, district attorney or other Foreman to prosecuting officer, who shall be before them, shall have authority to administer administer all oaths and affirmations in the manner prescribed by nesses. law to witnesses who shall appear before such jury for the purpose of testifying in any matter of which they may have cognizance; and To return the foreman shall return to the court a list under his hand of all wit- list of witnesses who shall have been sworn before the grand jury during the term, and the same shall be filed of record by the clerk.

nesses.

may appoint

$ 17. The grand jury may appoint one of their number to be their Grand jury clerk to preserve minutes of the proceedings before them, which mi- clerk. nutes shall be delivered to the attorney-general or district attorney when the grand jury shall so direct.

summoned.

$ 18. When the grand jury attending any court shall have been. Grand jury dismissed before the court is adjourned without day, they may be may be again summoned to attend again in the same term, at such time as the court shall direct, for the despatch of any business that may come before them.

not to dis

$ 19. No grand juror or officer of the court, if the court shall so or- Grand juror der, shall disclose the fact that an indictment for a felony has been close facts, found against any person not in custody or under recognizance, &c. otherwise than by issuing or executing process on such indictment,

until such person has been arrested.

Not to testify $ 20. No grand juror shall be allowed to state or to testify in any howduters court in what manner he or any other member of the jury voted on

&c.

any question before them, or what opinion was expressed by any juror in relation to such question.

Required to $ 21. Members of the grand jury may be required by any court to witness tes- testify whether the testimony of a witness, examined before such jury,

testify how

tified.

District at

is consistent with or different from the evidence given by such witness before such court; and they may also be required to disclose the testimony given before them by any person upon a complaint against such person for perjury, or upon his trial for such offence.

$ 22. Whenever required by the grand jury, it shall be the duty tenderant of the district attorney of the county to attend them, for the purpose

jury.

Jurors when from

of examining witnesses in their presence, or of giving them advice upon any legal matter, and to issue subpœnas and other process to bring up witnesses.

$23. When by reason of challenge, or otherwise, a sufficient taktanders, number of jurors duly drawn and summoned cannot be obtained for the trial of any cause, civil or criminal, the court shall cause jurors to be returned from the bystanders or from the county at large, to complete the panel.

Such jurors how return

ede

Qualifications.

Juror may

$ 24. The jurors so returned from the bystanders shall be returned by the sheriff or his deputy, or by a coroner, or by any disinterested person appointed therefor by the court.

$ 25. The persons so returned shall be such as are qualified and liable to be drawn as jurors, according to the provisions of law.

$ 26. The court shall, on the motion of either party in any suit, be examin- examine on oath any person who is called as a juror therein, to know whether he is related to either party or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudice therein, and the party objecting to the juror may introduce any other competent evidence in support of the objection; and if it

if not indiffe

rent.

indi shall appear to the court that the juror does not stand indifferent in the cause, another shall be called and placed in his stead for the trial

Liability to be taxed no cause of

of that cause.

$ 27. In indictments and penal actions for the recovery of any sum of money or other thing forfeited, it shall not be a cause of chalchallenge. lenge to any juror that he is liable to pay taxes in any county or

Verdict not to be set

town which may be affected by such recovery.

S 28. No irregularity in any writ of venire facias, or in the drawside ferir. ing, summoning, returning or empannelling of petit jurors, shall be regularity, sufficient to set aside a verdict, unless the party making the objection was injured by the irregularity, or unless the objection was made before the returning of the verdict.

&c.

Proceedings when jury

cannot agre..

$ 29. When a jury, after due and thorough deliberation upon any cause, shall return into court without having agreed on a verdict, the court may state anew the evidence, or any part of it, and may explain to them anew the law applicable to the case, and may send them out again for further deliberation; but if they shall return a second time without having agreed on a verdict, they shall not be sent out again without their own consent, unless they shall ask from the court some further explanation of the law.

$ 30. The jury may, in any case, at the request of either party, view premi- be taken to view the premises or place in question, or any property,

!

matter or thing relating to the controversy between the parties, when it shall appear to the court that such view is necessary to a just decision: Provided, The party making the motion shall advance a sum sufficient to defray the expenses of the jury and the officers who attend them in taking the view; which expenses shall be afterwards taxed like other legal costs, if the party who advanced them shall prevail in the suit.

duly

$ 31. When, by a neglect of any of the duties required in this act Penalty, to be performed by any of the officers or persons herein mentioned, when jurors the jurors to be returned shall not be duly drawn and summoned to drawn. attend the court, every person guilty of such neglect shall pay a fine not exceeding twenty dollars, to be imposed by the same court, to the use of the county in which the offence is committed.

guilty of

$ 32. If any clerk of any court shall be guilty of any fraud, either when clerk by practising on a jury box previously to a draft, or in drawing a ju-ray ror, or in returning into the box the name of any juror which had been lawfully drawn out, and drawing or substituting another in his stead, or in any other way in the drawing of jurors, he shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars, to be paid to the use of the county in which the offence is committed.

cate.

$ 33. It shall be the duty of the clerk of the district court, at the Clerk to end of each term of said court, or within ten days thereafter, to inake make certiaout a certificate to each juror, certifying the number of days attendance, the number of miles travelled and the amount of compensatation due him; which certificate shall be allowed by the board of county commissioners, as other demands against said county: Provided, That no juror shall be paid out of the county treasury for any days attendance as a juror in the district court of the territory, for which he may have received, or may be entitled to receive, pay as a, juror of the district court of the United States.

$ 34. If, for any cause, the whole number of any grand or petit when new jury should fail to be summoned according to the provisions of this venire may act, the judge of the court may direct the clerk to issue a venire to the sheriff, or other officer, directing him forthwith to summon a sufficient number of talesmen for such grand or petit jury.

AN ACT concerning replevin.

may be

$ 1. Whenever any goods or chattels shall have been wrongfully Action of re distrained, or otherwise wrongfully taken, or shall be wrongfully de-plevin, when tained, an action of replevin may be brought for the recovery there- brought. of, and for the recovery of the damages sustained by reason of such unjust caption or detention, except in the cases hereinafter specified. when exe$ 2. Whenever, by any statute, executors or other persons suing cultors to ac

in the right of another are authorized to maintain actions of trespass, tion. for any personal property wrongfully taken, such persons may maintain actions of replevin for such property.

be laid in.

$ 3. Whenever an action of replevin shall be brought for the re- what councovery of goods or chattels distrained for any cause, it shall be laid in eatonto the county in which the distress was inade, and not elsewhere; in other cases the action shall be laid and tried in like manner as ac

tions of trespass for injuries to personal property.

not to lie.

When action $ 4. No replevin shall lie for any property taken by virtue of any warrant for the collection of any tax, in pursuance of any statute of this territory.

Not to lie for § 5. No replevin shall lie at the suit of the defendant in any exegoods taken cution or attachment to recover goods or chattels seized by virtue ment or exe- thereof, unless such goods and chattels are exempted, by law, from

attach.

cution.

Commenced by writ.

Form of

writ.

When writ shall not be issued.

Writ, how served and executed,

such execution or attachment. Nor shall a replevin lie for such goods or chattels at the suit of any other person, unless he shall, at the time, have a right to reduce into his possession the goods taken.

$ 6. Actions of replevin shall hereafter, in all cases, be commenced by writ, which shall be issued out of the court in which it shall be made returnable, and shall be substantially in the following form:

The United States, to the sheriff, &c.

Whereas A. B. complains that C. D. has taken, and does unjustly detain, (or does unjustly detain, as the case may be,) (here give a particular description of the goods and chattels to be replevied, and of the value thereof,) therefore you are commanded, that if the said A. B. shall give you security, as required by law, to prosecute his said complaint, and to return the aforesaid goods and chattels, if return thereof shall be adjudged, and to pay all such sums of money as may be recovered against him hereupon, that you cause the same goods and chattels to be replevied and delivered to the said A. B. without delay; and also, that you summon the said C. D. to appear before the judge of the district court, at, &c. on the, &c. (some day on which writs in personal actions may be made returnable) to answer the said A. B. in the premises. Witness, &c.

$ 7. Such writ shall not be issued, in any case, unless the following provision is complied with: An affidavit must be made by the plaintiff in the action, or by some one in his behalf, stating that the plaintiff in such action is the owner of the property described in the writ, or that he is then lawfully entitled to the possession thereof, and that the same has not been taken for any tax levied by virtue of any law of this territory, nor seized under any execution or attachment against the goods and chattels of such plaintiff liable to execution. The affidavit must be sworn, before some proper officer, and must be filed with the clerk. After the sheriff has taken the property, the plaintif in the action, or some one in his behalf, shall execute a bond to the sheriff, or other officer to whom the writ is directed, with the addition of his name of office, with sufficient sureties, who shall swear that they are each worth the amount of the penalty of the bond, over and above all debts, or who shall be accepted by the defendant, in a penalty at least double the value of the property specified in the writ; which value shall be ascertained by the oath of one or more disinterested witnesses, to be sworn and examined by the sheriff. Such bond shall be conditioned that the plaintiff will prosecute the suit to effect, and without delay; and that if the defendant recover judgment against him in the action he will return the same property, if return thereof be adjudged, and will pay to the defendant all such sums of money as may be recovered against him, by such defendant in the said action, for any cause whatever.

$ 8. Upon the receipt of the bond above required, the sheriff shall forthwith proceed to deliver possession of the property named therein