Chap. 133.—An ACT to Amend and Re-enact sections 1, 2, 3, 4, 5, and
9 of the 200th chapter of the Code of 1878, in Relation to Grand
Juries.

Approved March 27, 1874.

1. Be it enacted by the general assembly, That sections
one, two, three, four, five and nine of the two hundredth
chapter of the Code of eighteen hundred and seventy-three,
be amended and re-enacted so as to read as follows:

Ҥ 1. There shall be a grand jury at each term of a circuit
court, and at any term ofa corporation court, upon the pre-
vious order of such court, or of the judge thereof in vacation.

Ҥ 2. It shall be the duty of the judge of the county or
corporation court of each county and city of the state in the
in the month of January, in each year, or as soon thereafter
a8 practicable, to select from the qualified voters of each
township of such county, or ward of such city, not less than
twenty nor more than one hundred persons of honesty, in-
telligence and good demeanor, and suitable in all respects to
act as grand jurors; and the judge of the corporation court
shall furnish the clerk of his court, and the judge of the
county court shall furnish the clerk of the circuit court
of such county with a list of the persons so selected, made
off by townships or awards, as the case may be. It shall
be the duty of the clerk of such corporation or circuit
court thereupon to write the names. of each of such per-
sOns on separate slips of paper, placing the names of-the
residents of each township or ward together, and 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 a commissioner in chancery thereof, to select
by lot as many persons as may be necessary for the forma-
tion of grand juries of such county or city, and in drawing
such persons to serve as grand jurors, an equal number as
near as. may be, and having reference to the population of
the several townships or wards, shall be drawn from the lists
from each township or ward.

““§ 3. It shall be the duty of the clerk of such circuit or
corporation court at least twenty days before each term of
the circuit court, and before each one of the terms of the
corporation court designated under the first section of this
chapter for the empaneling of a grand jury, to place in the
hands of the officer of such court, lists of the grand jurors
selected by lot, as provided in the previous section, made off
by townships or wards, as the case may be, according to the
place of residence of the several grand jurors, and embracing
a sufficient number of such persons to form such grand jury;
and it shall thereupon be the duty of such officer to summon
the persons mentioned in such lists to attend on the firet day
of such term to act as grand jurors.

Ҥ4. For every grand jury in the circuit courts, and for
two terms in each year of the corporation courts, such terms
to be specially designated by such corporation 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 is to be held; and in other
respects qualified jurors, and not constables, ordinary keepers,
overseers of roads, nor Owners nor occupiers of grist mills.
The number of persons to serve on such grand juries may,
by direction of the court to its clerk, be limited to not less
than sixteen. For the grand juries for all other terms of the
corporation courts, there shall be summoned ten citizens of
the state with like qualifications and subject to the excep-
tions hereinbefore stated; and the court may, by direction to
ite clerk, limit the number of persons to serve thereon to not
less than six.
Ҥ 5. Any sixteen or more of such persons summoned to
the terms of said circuit courts, and to the two specially de-
signated terms of the corporation courts, and any six or
more of such persons summoned to any other term of such
corporation courts, shall be a competent grand jury. If«
sufficient number do not attend, then the court shall cause 4
sufficient number of persons to be returned from the by-
standers, or from the county or corporation at large, and
for that purpose may direct a venire facias to any fit person
whose duty it shall be to execute and return the same, ac-
cording to the exigency thereof. All of said jurors shall be
summoned from a list to be furnished the officer by the judge.
aa the judge shall deem it proper to dispense with said
ist.”

“$9. At least twelve of the grand jurors of the grand
juries attending the circuit court and the two specially desig-
nated terms of the corporation courts, and at least five of the
grand jurors of the grand juries attending at any other term
of the corporation courts, must concur in finding or making
an indictment or presentment. They may make a present-
ment upon the information of two or more of their own
body; and when a presentment is so made or is made on the
testimony of witnesses called on by the grand jury or sent
to it by the court, or where an indictment is found, the names
of the grand jurors giving the information, or of the wit-
nesses in whose testimony the presentment is made or the
indictment is found, shall be written at the foot of such pre-
sentment or indictment.”

2. This act shall be in force from its passage.