Chap. 368.—An ACT to amend and re-enact sections 1 and 3 of an act
entitled an act to amend and re-enact sections 1 and 3 of chapter 200
of the Code of 1873, as amended by an act approved March 27, 1874,
entitled an ‘act to amend and re-enact sections 1, 2, 3,4, 5 and 9, of
chapter 200 of the Code of 1878, in relation to Grand Juries, and
sections 2, 4, 5 and 9 of the act approved March 27, 1874, entitled an
act to amend and re-enact sections 1, 2, 3, 4, 5 and 9 of the two hun-
dredth chapter of the Code of 18738, in relation to Grand Juries.

Approved March 31, 1875.

1. Be it enacted by the general assembly, That sections
one and three of an act entitled an act to amend and re-enact
sections one and three of chapter two hundred of the Code
of cighteen hundred and seventy-three, as amended by an
act approved March twenty-seventh, eightcen hundred and
seventy-four, entitled an aut to amend and re-enact sections
one, two, three, four, five, and nine of the two bundredth
chapter of the Code of cighteen hundred and seventy-three,
in relation to grand juries, and sections two, four, five, and
nine of the act approved March twenty-seventh, eighteen
and seventy-four, entitled an act to amend and re-enact sec-
tions one, two, three, four, five, and nine of the two hun-
dredth chapter of the Code of cighteen hundred and seventy-
three, in relation to grand jurics, be amended and re-enacted
so as to read as follows:

§ 1. There shall be a grand jury at two of the terms, in
each year, of the circuit, “corporation, and county courts, to
be designated by the judges of such courts, and it shall be
lawful for the said courts, at any term thereof, or the judges
of said courts in vacation, before such germ, whenever they
shall deem it proper to do so, to order a grand jury to be
summoned to consider any offences against the laws.

§ 2. It shall be the duty of the judgo of the county or
corporation court of each county and city of the state, in
the month of January in each year, or as soon thereafter as
practicable, to select from the qualified voters of each magis-
terial district of such county, gr ward of such city, not less
than twenty nor more than one hundred persons, of honesty,
intelligence, and good demeanor, and suitable in all respects
to act as grand jurors, and to furnish the clerk of such court
with a list of the persons so selected, made off by magis-
terial districts or wards, as the case may be. It shall be the
duty of the clerk of such court thereupon to write the
names of each of sach persons on separate slips of paper,
placing the names of the residents of each magisterial dis-
trict or ward together, anu from these, in the presence of
the attorney for the commonwealth, and if he be unable to
attend, then in the presence of the judge of such court, or
© commissioner in chancery thereof, to select, by lot, as
many persons as may be necessary for the formation of
grand juries of such county, city, or town; and in drawing
such persons to serve as grand jurors, an equal number, as
ear as may be, and having reference to the populations of
he several magisterial districts or wards, shall be drawn
rom the lists from each magisterial district or ward.

§ 3. It shall be the duty of the clerk of. such court, at
east twenty days before each of the terms designated under
he first section for the empanneling of a grand jury, and in
other cases, forthwith, whenever so ordered by the judge of
118 court, to place in the hands of the officer of such court,
ists of the grand jurors selected by lot, as provided in the
orevious section, made off by magisterial districts according
.O the place of residence of the several grand jurors, and
ombracing a sufficient number of such persons to form such
yrand jury, and it shall thereupon be the duty of such officer
LO summon the persons named in such list, to attend on the
first or such other day of said term as the judge may dircet,
Lo act as grand jurors.

§ 4. For every grand jury in the circuit courts, and for two
terms in each year of the corporation and county courts,
such terms to be specially designated by such corporation
and county courts by order entered of record, which order
may be changed from time to time at the discretion of such
courts, there shall be summoned twenty-four citizens of this
state of the county or corporation in which the court 1s to
be held; and in other respects qualified jurors, and not con-
stables, ordinary keepers, overseers of roads, nor owners
nor occupiers of grist mills. The number of persons to
serve on such grand jurics, may by direction of the court to
its clerk be limited to not less than sixteen. For the grand
juries for afl other terms of the corporation or county courts,
there shall be summoned ten citizens of the state with like
qualifications, and subject to the exceptions hereinbefore
stated; and the court may, by direction to its clerk, limit
the number of persons to serve thereon to not less than six.

$5. Any sixteen or more of such persons summoned to
the terms of the circuit courts, and to the two specially
designated terms of the corporation and county courts, and
any six or moro of such persons summoned to any other
term, shall be a competent grand jury. If a sufficient num-
ber do not attend, then the court shall cause a sufficient
number of persons to bo returned from the by-standers, or
from the county or corporation at large, and for that pur-
pose may direct a venire facias to any fit person whose duty
it shall be to execute and return the same according to the
exigency thereof. All of said jurors shall be summoned
trom a list to be furnished the officer by the judge, unless
the judge shall deem it proper to dispense with said list.

§9. At least twelve of the grand jurors of the grand
juries attending the circuit courts and the two specially
designated terms of the corporation and county courts, and
at least five of the grand jurors of the grand juries attend-
ing at any other term of the corporation or county courts,
must concur in finding or making an indictment or present-
ment. They may make a presentment upon the information
of two or more of their own body; and when a presentmes:
is 80 made, or is made on the testimony of witnesses calic:
on by the grand jury or sent to it by the court, or where a:
indictment is found, the names of the grand Jurors givinz
the information, or of the witnesses on whose testimony tb:
presentment is made or the indictment is found, shall t-
written at the foot of such presentment or indictment.