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exceeding five dollars per day, to be paid as other expenses of said District, and he shall give bond in the penalty of two thousand five hundred dollars, with security to be approved by the said supreme court, conditioned for the due performance of his duties.
Sec. 197. WHEN TO EXECUTE PROCESS.-Whenever the marshal is a party to any cause or interested therein, or it is unfit on other grounds that he should serve and execute the process to be issued therein, such process shall be issued to the coroner, and he shall be paid the same fees and compensation for serving and executing the same which would be payable to the marshal in similar cases, and shall account therefor to the Treasury of the United States. And if he shall fail in the proper performance of his duties in the premises, like redress may be had against him, his sureties, and his and their heirs, devisees, and personal representatives, as could have been had against the marshal, his sureties, and his and their heirs, devisees, and personal representatives, for a like failure on the part of said marshal.
Sec. 198. JURORS.-The clerk of the supreme court of the District of Columbia, the United States marshal, and the collector of taxes for said District are hereby constituted a commission to from time to time make the list of jurors for service in said court and fix the number of D. jurors to be listed therefor.
Sec. 199. The said jurors shall be selected, as nearly as may be, from the citizens in the different parts of the Dis
Sec. 200. JURY BOX.-The names shall be written on separate and similar pieces of paper, which shall be so folded or rolled up that the names can not be seen, and placed in a box to be provided for the purpose.
Sec. 201. The box shall be sealed and, after being thoroughly shaken, shall be delivered to the clerk of the supreme court for safe-keeping.
Sec 202. TERM OF SERVICE. The respective terms of service of jurors drawn for service in the circuit court, or as petit jurors in the criminal court, shall begin on the first Tuesday of October, December, February, April, and June of each year, and shall terminate on the Monday preceding the first Tuesday of the second month thereafter, except when the jury shall be discharged by the court at an earlier day, or when a jury shall be impaneled and it shall happen that no verdict shall be found, nor the jury otherwise discharged before the day appointed by law for the commencement of the next succeeding term, in which case the court shall proceed with the trial by the same jury in every respect as if said term had not commenced; and all proceedings to final judg ment, ifsuch judgment shall be rendered, shall be entered and have legal effect and operation as of the term at which the jury shall have been impaneled.
Sec. 203. The term of service of the grand jury in the criminal court shall begin with each term of that court,
Old law as to grand jurors re
pealed; Clark v. ; 19. D. C. Secs. 198-217; U.
App., 295, 308.
S. v. B. & O., 26
C. App., 581.
and shall end with such term unless the jury shall be sooner discharged by the court.
Sec. 204. DRAWING JURORS.-At least ten days before the first Tuesday of each month specified in section two hundred and [one] two when jury trials are to be had, the clerk shall publicly break the seal of the jury box and proceed to draw therefrom the names of twenty-six persons to serve as jurors in each of the circuit courts, and of twenty-six other persons to serve as petit jurors in each of the criminal courts; and at least ten days before the commencement of each term of the criminal courts, the names of twenty-three persons, required to serve as grand jurors in said criminal courts, shall be drawn in like manner: Provided, That immediately upon the approval of this amendatory Act it shall be the duty of said clerk to proceed to break the seal and to draw from the said box the names of twenty-three persons to serve as grand jurors in said criminal courts whose term of service shall terminate on the Monday preceding the first Tuesday of April, nineteen hundred and two; and at the same time it shall likewise be the duty of said clerk to draw from said box the names of twentysix persons for service as jurors in the police court of the District of Columbia and to certify the same to the said police court, and the term of service of said jurors so drawn shall terminate on the last Saturday of the January, nineteen hundred and two, jury term of said police court. All provisions of the Act of Congress approved March third, nineteen hundred and one, entitled "An Act to establish a code of law for the District of Columbia" relating to the grand jury and the police court juries shall apply respectively to the juries drawn under the provisions hereof.-Act of January 31, 1902 (32 Stat., Part I, p. 2).
(Repealed-32 Stat., Part I, p. 2.)
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following amendment is hereby made to an Act of Congress entitled "An Act to establish a code of law for the District of Columbia," approved March third, nineteen hundred and one:
Amend section two hundred and four by striking out in the second line thereof the word "one" and inserting in lieu thereof the word "two"; also by adding to said section the following:
"Provided, That all grand and petit juries in the supreme court of the District of Columbia and all petit juries in the police court of said District which shall have been organized or drawn under existing laws at the time this code goes into effect, shall serve out their respective terms, and vacancies therein shall be filled under existing laws." Approved, January 8, 1902.
Sec. 205. If any person whose name is drawn from the box shall have died or removed from the District, the clerk shall destroy the slip containing the name of such person, and in such case, or if any person has become. otherwise disabled or excused from serving as a juror, the clerk shall draw from the box the name of another person to serve in his stead.
Sec. 206. After the requisite number of jurors shall have been drawn the jury box shall be again sealed and remain
in the custody of the clerk, and the names of the persons drawn shall not be placed again in the box for one year, unless said jurors shall be excused or for other reasons shall fail to serve.
Sec. 207. Any person who shall have been regularly drawn as a juror and shall thereupon have served as such for the period of [twenty] thirty days or more shall be exempt from further service as a juror in said court for the 32 Stat,, 528. period of one year from the beginning of his said term of service; but nothing herein contained shall render said juror ineligible to serve during said year, except that no person shall serve as a juror for two consecutive terms.
Sec. 208. If any persons selected as jurors can not be found, or shall prove to be incompetent, or shall be ex- 325. cused from service by the court, the clerk, under the direction of the court, shall draw from the box the names of other persons to take their places. And if, after the organization of the jury, any vacancies occur therein, they shall be filled in like manner.
11 Street Ext.,
Sec. 209. If at any time during the impaneling of a jury, 351.320. in any other than a capital case, the regular panel, by reason of challenge or otherwise, shall be exhausted before the jury is complete the court may, in its discretion, direct the clerk to draw from the box the names of other persons to serve as jurors and cause them to be summoned, or order the marshal to summon as many talesmen as may be necessary to complete the jury.
Sec. 210. It shall be the duty of the marshal, at least five days before the meeting of the court for which a jury is required, to notify each person drawn by serving on him a notice in writing of his selection as a juror of the court he is to attend and of the day and hour when he is to appear. Such notice shall be given to each juror in person or be left at his usual place of residence.
Sec. 211. A copy of the notice, with his certificate stating when and in what manner the original was served, shall be returned by the marshal to the court before the commencement of the term for which the jurors were drawn.
Sec. 212. DEFAULTS.-If any person selected as a juror and duly notified to attend shall, without sufficient cause, neglect to attend agreeably to notice he shall be fined by the court in a sum not exceeding twenty dollars for every day that he shall be absent during the sitting of the court.
Sec. 213. FRAUDS.-If any oflicer shall put on or leave off the list the name of any person at his own request or on the request of any other person, or shall be guilty of any fraud or collusion with respect to the drawing of jurors, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars or imprisonment in the District jail not less than sixty davs, or both, for each offense.
Sec. 214. If the clerk of the court shall willfully draw from the box a greater number of names than is re
Amd. to C. L. Rule, 36 L. R.,
quired by the court, in accordance with the law, or shall put any name into the box after the same has been delivered to him, or shall be guilty of any fraud or collusion in regard to the drawing of jurors, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars or imprisonment in the District jail not less than sixty days, or both, for each offense.
Crawford v. U.
S., 30 D. C. App.,
Sec. 215. QUALIFICATIONS.-No person shall be com1; 212 U. S., 183. petent to act as a juror unless he be a citizen of the United States, a resident of the District of Columbia, over twenty-one and under sixty-five years of age, able to read and write and to understand the English language, and a good and lawful man, who has never been convicted of a felony or a misdemeanor involving moral turpitude.
Sec. 216. EXCUSES.-A person may be excused by the court from serving on a jury when for any reason his interests or those of the public may be materially injured by his attendance, or when he is a party in any action or proceeding to be tried or determined by the intervention of a jury at the term for which he may be summoned, or where his own health or the death or sickness of a member of his family requires his absence.
Sec. 217. All executive and judicial officers, salaried
Ib., 202, 215; Clark v. U. S., 30
L. R., 71; 212' U. officers of the Government of the United States and of the
S., 183; 19 D. C. District of Columbia and those connected with the police
or fire departments, counselors and attorneys at law in actual practice, ministers of the gospel and clergymen of every denomination, practicing physicians and surgeons, keepers of hospitals, asylums, almhouses, or other charitable institutions created by or under the laws relating to the District, captains and masters and other persons employed on vessels navigating the waters of the District shall be exempt from jury duty, and their names shall not be placed on the jury lists.
Sec. 218. ATTORNEYS.-The said supreme court shall have full power and authority, from time to time, to make such rules as it may deem proper respecting the qualifications, examination, and admission of attorneys to practice in said court; and every person so admitted, before he shall be at liberty to practice therein, shall take the following oath: "I, A B, do solemnly swear that I will honestly demean myself in the practice of an attorney uprightly and according to law, and that I will support the Constitution of the United States. So help me God."
Sec. 219. Any attorney receiving or collecting the money of his client and refusing unlawfully to pay the same when demanded may be proceeded against in a summary way on notice by said court, which may suspend him from practice or dismiss him from its bar.
Sec. 220. Each of the courts in said District may suspend or dismiss from its bar any attorney who shall be convicted of any offense involving moral turpitude.
Subchapter IV. THE COURT OF APPEALS.
24 D. C. App.,
Sec. 221. CONSTITUTION.-The court of appeals of said, Dancy v. Clark, District shall continue as at present organized, and shall 487; In re Macfar consist of one chief justice and two associate justices, who land, 30390; 27 shall be appointed by the President, by and with the Stat., 434. advice and consent of the Senate, and shall hold office during good behavior.
$7,000 and $7,500,
Sec. 222. SALARY.-The said justices shall each receive Increased to an annual salary of six thousand dollars, payable quarterly respectively, 32 at the Treasury of the United States, except the chief Stat., 825. justice, who shall receive six thousand five hundred dollars.
Sec. 223. OATH.-Each of said justices, before he enters upon the duties of his office, shall take the oath prescribed by law to be taken by the judges of the courts of the United States.
Sec. 224. CLERK, crier, and messenger.-There shall be a clerk of said court of appeals, to be appointed by the court, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of three thousand dollars, payable monthly at the Treasury of the United States, and who shall give bond, such as the court may determine to be satisfactory, for the faithful performance of his duties, and his duties shall be such as the court may from time to time prescribe. The said clerk of the court of appeals shall, with the approval of the court, appoint one assistant or deputy clerk, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of two thousand dollars, payable monthly at the Treasury of the United States, and who may sign the name of the clerk to any official act required by law or by the practice of the court to be performed by the clerk, and may authenticate said signature by affixing the seal of the court thereto when the impress of the seal is necessary to its authentication. In such case the signature shall be
The court shall regulate from time to time the fees to be charged by the said clerk, which shall be accounted for at least once in each quarter and paid into the Treasury of the United States, and said clerk shall receive such allowance for necessary expenditures in the conduct of his office as the court may determine by special or general order in the premises, but not to exceed the sum of five hundred dollars in any one year, payable, as aforesaid, at the Treasury of the United States. Said court may appoint a crier at a compensation not to exceed seventyfive dollars a month and a messenger at a compensation not to exceed sixty dollars a month, both payable at the Treasury of the United States, who shall perform such duties as may be assigned by that court. (32 Stat., Part I, p. 528.)