mav

he constituted. Blatchf. 5.)

(United States v. Tuska, 24

$350. Foreman of grand jury.-From the persons summoned and accepted as grand jurors, the court shall appoint the foreman, who shall have power to administer oaths and affirmations to witnesses appearing before the grand jury. (Rev. Stats. sec. 809.)

§ 351. Grand juries, when summoned. No grand juries shall be summoned to attend any circuit or district court unless one of the judges of such circuit court, or the judge of such district, in his own discretion, or upon a notification by the district attorney that such jury will be needed, orders a venire to issue therefor. And either of the said courts may in term order a grand jury to be summoned at such time and to serve such time as it may direct whenever in its judgment it may be proper to do so. But nothing herein shall operate to extend beyond the time permitted by law the imprisonment before indictment found of a person accused of a crime or offense, or the time during which a person so accused may be held under recognizance before indictment found. (Rev. Stats. sec. 810.)

Note. An order entered by the clerk by authority of the judge is of the same effect as if done by the judge himself. (United States v. Reed, 2 Blatchf. 435.)

§ 352. Discharge of grand juries.— The circuit and district courts, the district courts of the Territories, and the supreme court of the District of Columbia, may discharge their grand

juries whenever they deem a continuance of the sessions of such juries unnecessary. (Rev. Stats. sec. 811.) § 353. Jurors not to be summoned oftener than once in two years.-No person shall be summoned as a juror in any circuit or district court more than once in two years, and it shall be sufficient cause of challenge to any juror called to be sworn in any cause that he has been summoned and attended said court as a juror at any term of said court held within two years prior to the time of such challenge. (Rev. Stats. sec. 812.)

Note. It is not necessary that twenty-four months should elapse between the close of the term at which the juror serves and the beginning of the next term at which he is summoned. (United States v. Reeves, 3 Woods, 199.) That a grand juror has served within two years is not sufficient reason to quash an indictment. (United States v. Reeves, 3 Woods, 199.) This section does not apply to the courts of the District of Columbia; they are governed by D. C. Rev. Stats. sec. 816. (United States v. Nardello, 4 Mackey, 503.) A person engaged in business in Washington, claiming residence in Virginia-Held, on the facts, a competent juror, under D. C. Rev. Stats. sec. 872. (Id.)

§ 354. Grand juries of district courts may act in case cognizable in circuit courts.—The grand jury impanneled and sworn in any district court may take cognizance of all crimes and offenses within the jurisdiction of the circuit court for said district as well as of said district court. (Rev. Stats. sec. 813.)

§ 355. Challenges. When the offense charged is treason or a capital offense, the defend

ant shall be entitled to twenty and the United States to five peremptory challenges. On the trial of any other felony, the defendant shall be entitled to ten and the United States to three peremptory challenges; and in all other cases, civil and criminal, each party shall be entitled to three peremptory challenges; and in all cases where there are several defendants or several plaintiffs, the parties on each side shall be deemed a single party for the purposes of all challenges under this section. All challenges, whether to the array or panel, or to individual jurors for cause or favor, shall be tried by the court without the aid of triers. [See secs. 1031, 4303.] (Rev. Stats. sec. 819.)

to

Note. Any other felony means other offenses than capital (United States v. Coppersmith, 4 Fed. Rep. 198); and in such cases this section operates to give the defendant ten challenges, where the offense is declared by statute to be a felony; and where Congress punishes it by its common-law name and at common law it is a felony, or where Congress adopts a State law which designates it as a felony. (United States v. Coppersmith, 4 Fed. Rep. 198.) It is intended by the term "any other felony designate other offenses than capital offenses. (United States v. Coppersmith. 4 Fed. Rep. 199.) On removal of a criminal case from the State court, the number of challenges is regulated by this section and not by the State law. (Georgia v. O'Grady, 3 Woods, 496; see United States v. Marchant, 12 Wheat. 480.) An objection that some of the grand jurors were not properly summoned or did not possess the proper qualifications cannot be taken by plea on abatement. (United States v. Tuska, 14 Blatchf. 5.) The Act of Congress of June, 1872, as embodied in this section, restricts parties indicted for felony to twenty peremptory challenges, and where several parties are indicted for a joint felony they are deemed a single party for the purposes of all challenges under that section. (United States v. Hall, 44 Fed. Rep. 883.)

§ 356. Challenges in summary trials. At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause in such cases shall be tried by the court without the aid of triers. (Rev. Stats. sec. 4303.) § 357. Grand and petit jurors. No person shall be a grand or petit juror in any court of the United States, upon any inquiry, hearing or trial of any suit, proceeding, or prosecution based upon or arising under the provisions of title "Civil Rights" and of title "Crimes," for enforcing the provisions of the Fourteenth Amendment to the Constitution, who is, in the judgment of the court, in complicity with any combination or conspiracy in said titles set forth; and every grand and petit juror shall, before entering upon any such inquiry, hearing or trial, take and subscribe an oath in open court, that he has never, directly or indirectly, counseled, advised, or voluntarily aided any such combination or conspiracy. (Rev. Stats. sec. 822.)

Note. The right to require the panel to serve the term, to take the oath on, or be discharged from the panel, is limited to the district attorney. (Atwood v. Weems, 99 U. S. 183.)

§ 358. Rules in particular States.ALABAMA. All grand and petit jurors summoned for service in each division shall be inhabitants thereof. (23 U. S. Stats. 18.)

ARKANSAS.In the western district of Arkansas such number of jurors shall be summoned at every term of the district court thereof, to be held at

FED. PROC.-56.

Helena, as may have been ordered at a previous term, or by the district judge in vacation. And a grand jury may be summoned to attend any such term when ordered by the court, or by the judge in vacation. In case of a deficiency of jurors, talesmen may be summoned by order of the court. (Rev. Stats. sec. 14.)

COLORADO.-Whenever the terms of the said circuit and district courts shall be held at the same time and place, grand and petit jurors summoned to attend in either of said courts may serve in the other of said courts, and but one grand or petit jury shall be summoned to attend on said courts at one and the same time; but this provision shall not prevent either of said courts from procuring the attendance of several panels of jurors successively, as the business of the courts may require. (Approved April 20, 1880, sec. 2; 21 U. S. Stats. 76; 1 Sup. Rev. Stats. 517.) Jurors in the district and circuit courts of the United States in and for the State of Colorado, shall be entitled to receive fifteen cents for each mile actually traveled in coming to or returning from said courts. (Approved, June 16, 1880; 21 U. S. Stats. 290.)

GEORGIA. All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions herein before contained, issued in either of said divisions, may be served and executed in either or both of the divisions. (21 U. S. Stats. 63; 1 Sup. Rev. Stats. 508; 25 U. S. Stats. 671, sec. 6.)

IDAHO.-Only one grand jury and one petit jury shall be summoned in both said circuit and district