the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code, or the statute. TITLE III. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDI- Jury defined. Different kinds of juries. Grand jury defined. Trial jury defined. Number of a trial jury. Jury of inquest defined. CHAPTER I. Of Jurors. SEC. 98. A jury is a body of men temporarily selected from the citizens of a particular district and invested with power to present or indict a person for a public offense, or to try a question of fact. SEC. 99. Juries are of three kinds: 1. Grand juries; 2. Trial juries; 3. Juries of inquest. SEC. 100. A grand jury is a body of men, fifteen in number, returned in pursuance of law from citizens of the district before a court of competent jurisdiction, and sworn to inquire of public offenses committed or triable within the district. SEC. 101. A trial jury is a body of men returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine by unanimous verdict a question of fact. SEC. 102. A trial jury in a district court consists of twelve, and in the justices' courts of six men, unless the parties to the action or proceeding, in other than criminal cases, agree upon a less number. SEC. 103. A jury of inquest is a body of men summoned from the citizens of a particular district, before the marshal, sheriff or coroner, or other ministerial officer, to inquire of particular facts. SEC. 104. Α person is competent to act as a juror if who are compe he be: 1. A male citizen of the United States over the age. of twenty-one years; and, 2. Who can read and write in the English language; and, tent to act as jurors. 3. Who resides in, and has resided in the judicial district in which he is called upon to serve, six months next preceding the time he is selected by the probate judge and clerk of the district court, to serve as a juror as provided by law; Provided, That the residence required to render a person competent to serve as a juror in a justice's court, or Proviso. on an inquest, is in the county for a period of six months next preceding the time he is actually called to serve; and, 4. Who is a taxpayer in the Territory; and, 5. Who is of a reputed sound mind and discretion, and who is not so disabled in body as to be unable to serve. juror : SEC. 105. A person is not competent to act as a who are not 1. Who does not possess the qualifications prescribed by the last preceding section; 2. Who has been convicted of malfeasance in office or any felony or other high crime; 3. Who is an officer or soldier of the United States, or a person subject to their military control. competent to act as jurors. SEC. 106. A person is exempt from liability to act who are exemp as a juror if he be: 1. A judicial or civil officer of the United States, or of the Territory of Utah; 2. A person holding a county office; 3. An attorney and counselor at law; 4. 5. 6. A person editing a newspaper or periodical; A practicing physician or surgeon; 7. An officer, keeper or attendant of an almshouse, hospital, asylum, or other charitable institution; 8. Engaged in the performance of duty as officer or attendant of a county jail or the Territorial prison; 9. An express agent, mail carrier, telegraph operator, miller or keeper of a public ferry or toll gate; 10. A dispensing druggist of a prescription drug store; Who may be excused. May transmit affidavit of ex cuse. When and how jury list to be prepared. Jury to be drawn upon the order of the judge. 11. A superintendent, engineer, conductor, fireman or station agent of a railroad; 12. A person drawn as a juror in any court of record in this Territory, upon a regular panel, who has served as such within a year; but this exemption shall not extend to a person who is summoned as a juror for the trial of a particular case. SEC. 107. A juror cannot be excused by the court for slight or trivial cause, or for hardship or inconvenience to his business, but only when material injury or destruction to his property, or that of the public entrusted to him is threatened, or when his own health, or the sickness or death of a member of his family, requires his absence. SEC. 108. If a person exempt from liability to act as a juror, as provided in Section 106, be summoned as a juror, he may make and transmit his affidavit to the clerk of the court for which he is summoned, stating his office, occupation, or employment; and such affidavit shall be delivered by the clerk to the judge of the court when the name of such person is called, and if sufficient in substance, shall be received as an excuse for non-attendance in person. The affidavit shall then be filed by the clerk. SEC. 109. In the month of January in each year, the clerk of the district court in each judicial district, and the judge of probate of the county in which the district court is next to be held, shall prepare a jury list from which grand and petit jurors shall be drawn, to serve in the district courts of such district, until a new list shall be made as herein provided. Said clerk and probate judge shall alternately select the name of a male citizen of the United States, possessing the qualifications mentioned in Section 104, and as selected the name and residence of each shall be entered upon the list, until the same shall contain two hundred names, when the same shall be duly certified by such clerk and probate judge; and the same shall be filed in the office of the clerk of such district court, and a duplicate copy shall be made and certified by such officers, and filed in the office of said probate judge. SEC. 110. Whenever a grand or petit jury is to be drawn to serve at any term of the district court, the judge of such district shall give public notice of the number, time and place of the drawing of such jury, which shall be at least twelve days before the commencement of such term, and on the day and at the place thus fixed, the judge of such district shall hold an open session of his court, and shall preside at the drawing of such jury. SEC. 111. The clerk of such court shall write the name of each person on the jury lists returned and filed in his office upon a separate slip of paper, as nearly as practicable of the same size and form, and all such slips shall, by the clerk in open court, be placed in a covered box, and thoroughly mixed and mingled; and thereupon the United States marshal, or his deputy shall proceed to fairly draw by lot from said box such number of names as may have previously been directed by said judge. Jury, how drawn SEC. 112. If both a grand and petit jury are to be Grand jury to be drawn to serve at the same term, the grand jury shall be drawn first, drawn first. Eighteen names shall be drawn from which to form a grand jury. when. Marshal to sum SEC. 113. When the drawing shall have been concluded, the clerk of the district court shall issue a venire mon jurors. to the marshal, or his deputy, returnable at such time in the term as the judge may direct, and directing him to summon the persons so drawn, and the same shall be duly served on each of the persons so drawn at least seven days before the commencement of the term at which they are to serve. Grand and Petit SEC. 114. The jurors so drawn and summoned shall constitute the regular grand and petit juries for the Juries. term for all cases. And the names thus drawn from the box by the clerk shall not be returned to or again placed in said box until a new jury list shall be made. SEC. 115. If, during any term of the district court, Additional juany additional grand or petit jurors shall be necessary, the rors, how drawn. same shall be drawn from said box by the United States marshal in open court; but if the attendance of those drawn cannot be obtained in a reasonable time, they may be laid aside, and other names may be drawn in their place, in the same manner. SEC. 116. The clerk of the district court must fur- Clerk must furnnish any person applying therefor, and paying the fees ish list of jurors, allowed by law for the same, a copy of the list of jurors drawn to attend any court. when. SEC. 117. As soon as he receives the venire, the Marshal to sumUnited States marshal must summon the persons named monjurors, therein to attend as such jurors, by giving personal notice to each, or by leaving a written notice at his place of residence, with some person of proper age, and must return the venire to the court at the time when it is made returnable, specifying the names of those who were summoned and the manner in which each person was notified. The jurors drawn under Section 115 may be required to appear For justices' courts, how summoned. How summoned. Officers' return. Juries of in moned. forthwith or at a time to be named in the venire, as the court may direct, and the officers summoning such jurors shall return the venire as hereinbefore provided. SEC. 118. When jurors are required in any justice's court the number required by law must, upon the order of the justice thereof, be summoned by the sheriff, city marshal or constable of the jurisdiction. SEC. 119. Such jurors must be summoned from the persons resident of the city or precinct, competent to serve as jurors, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required. SEC. 120. The officer summoning such juror must, at the time fixed for their appearance, return it to the court, with a list of the persons summoned endorsed thereon. SEC. 121. Juries of inquest must be summoned by quest, how sum- the officer before whom the proceedings are had, or any sheriff, or constable, from the persons resident of the county competent to serve as jurors, by notifying them orally that they are so summoned, and of the time and place at which their attendance is required. Obedience to summons, how enforced. Grand jury, how constituted. How impaneled. Names of trial jurors, how kept SEC. 122. Any juror summoned who willfully, and without reasonable excuse, fails to attend, may be attached and compelled to attend, and the court may also impose a fine, not exceeding one hundred dollars, upon which execution may issue. If the juror was not personally served, the fine must not be imposed until, upon an order to show cause, an opportunity has been offered the juror to be heard. SEC. 123. Fifteen persons shall constitute a grand jury, twelve of whom shall constitute a quorum, and when of the jurors summoned no more nor less than fifteen attend, they shall constitute the grand jury. If more than fifteen attend the clerk must call over the list summoned, and the fifteen first answering shall constitute the grand jury. If less than fifteen attend, the panel may be filled to fifteen as provided in Section 115. SEC. 124. Thereafter such proceedings shall be had in impaneling the grand jury as are or may be prescribed by law regulating the procedure in criminal cases. SEC. 125. At the opening of court on the day trial jurors have been summoned to appear, the clerk shall call the names of those summoned, and the court may then hear the excuses of jurors summoned; the clerk shall then de |