Page:United States Statutes at Large Volume 36 Part 1.djvu/1189

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SIXTY-FIRST CONGRESS. Srss. IH. Ch. 231. 1911. 1165 Sec. 278. No citizen possessin all other ualifications which are N° **°°» °'*°·· dur or may be prescribed by law shalhbe dis ualized for service as grand quwigingitifii or petit juror in any court of the United States on account of race, color, or previous condition of servitude. Sec. 279. Writs of venire facias, when directed by the court, shall veg'; ¤¤•* ¤¤¤‘*¤¤ issue from the clerk’s office, and shall be served and returned by ` the marshal in person, or by his deputy; or, in case the marshal or gyixém In his deputy is not an indifferent person, or is interested in the event " '°' of the cause, by such fit person as may be specially appointed for that urpose by the court, who shall administer to him an oath that he ws} truly and impartially serve and return the writ. Any person ny mu. named in such writ who resides elsewhere than at the place at which the court is held, shall be served by the marshal mailing a copy thereof to such person commanding him to attend as a juror at a time and · place designatedvtherein, which copy shall be registered and deposited m the post omce addressed to such person at his usual post-ofiice addresst And the receipt of the person so addressed for such registered copy shall be regarded as personal service of such writ upon such person, and no mileage shall be allowed for the service 0 such person. The postage and registry fee shall be paid by the marshal and allowed him in the settlement of his accounts. Sec. 280. When, from challenges or otherwise, there is not a petit juf,`,’§,°°"‘°“ *°’ P°“* jury to determine any civil or criminal cause, the marshal or his B.8.,sec.8)4,p.151. deputy shall, by order of the court in which such defect of jurors . happens, retum jurymen from the bystanders sufficient to complete the panel; and when the marshal or his dxut is disqualified as aforesaid, jurors may be so returned by su chsinterested person as the court may appoint, and such person shall be sworn, as provided in the preceding section. · Sec. 281. When special 'uries are ordered in any district court, §,§§E§5‘f",;,151_ they shall be returned by the marshal in the same manner and form as is required in such cases by the laws of the several States. • Sec. 282. Every grand 'ury impaneled before any district court gggfgmg- _ shall consist of not less than sixteen nor more than twenty-three s.s.,»¤.aus§am. persons. If of the persons summoned less than sixteen attend, they shall be placed on the grand djlury and the court shall order the marshal to summon, either imme 'ately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand 'ury. And whenever a challenge to agrand juror is allowed, and] there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose. Sec. 283. From the persons summoned and acceplted as grand lgjgfmsgg-M p_,5,_ jurors, the court shall a point the foreman, who shall ave power to ' admipister oaths and a&rmations to witnesses appearing before the gran jury. Sec. 284. No grand jury shall be summoned to attend any district gr§I‘}({*;g},,gg}*¤¤ °‘ court unless the judge thereof, in his own discretion or upon a noti- A¤f¢.v·267- fication by the district attorney that such jury will e needed, orders a venire to issue therefor. If the United States attorney for c,g{_‘gA°“°i“”‘°‘°’¤° any district which has a city or borough containing at least three hundred thousand inhabitants shall certif in writing to the district judge, or the senior district judge of the district, that the exigencies of the public service require it, the judge may, in his discretion, also order_ a venire to issue for a second grand jury. And said court °"’°‘°’°°'“‘*~ may m term order a grand jury to be summoned at such time, and to serlgve such tiing as it rzgay dirgct, vghenevelklin its judgment, mgm t be- ‘ · may e proper to o so. ut not ing erein s o rate to exten '“°°" beyond the time permitted by law the imprisonmeii: before indict· iiiiildegigriszingm" ment found of a person accused of a crime or offense, or the time