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said box or wheel to make it correspond with said lists and the box or wheel shall be sealed, locked or fastened and used when required in accordance with the provisions of this act. The key of the said box or wheel shall at all times be kept in the custody of the judge of the district court.
Sec. 12. If a vacancy shall occur in the regular panel of the grand or petit juries; or if additional talesmen are required to complete such panels or to complete the jury to try any cause the names of the persons to fill said vacancies or complete said panels or jury shall be drawn from said box in the manner provided for drawing the said regular panels in section 9 of this act, except that no additional notice shall be given: Provided, That the district judge may, in his discretion, return to the box the name of any person drawn to fill a vacancy, or as a talesman, who, in the opinion of the judge resides so far from the place where the court is held as to render it inexpedient to summon such person, but the slip of paper containing the name of any person who shall be drawn to fill a vacancy or as a talesman and who shall not serve in such capacity shall be replaced in the said box or wheel.
Sec. 13. In the several counties of this territory where causes are tried under the laws of the United States, that is to say: The Counties of Santa Fe, Bernalillo, San Miguel, Las Cruces, Otero, Chaves and in any county where such courts may hereafter be held there shall be supplied and kept, separate wheels and boxes from which after the names have been placed therein as hereinafter provided, the names of persons to constitute the jurors for the trial of causes under the laws of the United States and the grand juries drawn for the purpose of investigating offenses under laws of the United States shall be drawn.
Sec. 14. The said boxes for the drawing of the grand and petit juries mentioned in the last preceding section shall be purchased by the marshal of the United States and shall be charged to the court funds of said counties in proportion to the last assessed valuation of the property in each of said counties and said boxes or wheels shall in every respect conform to and be similarly constructed as the boxes and wheels to be provided by the boards of county commissioners for their several counties under this act.
Sec. 15. The several jury commissions for the several counties in each judicial district, as constituted by sections 3 and 4 of this act, at the same time and place when they make the list of names required to be made under the provisions of section 4 of this act shall likewise make and certify another list of names and attach thereto an affidavit as hereinbefore provided by section 5 of this act (making only the necessary changes to conform to the facts) of so many persons as the judge of the district court may direct them to select duly qualified to serve as jurors in their said counties under the provisions of this act; which said lists when so made shall be filed and kept as hereinbefore provided for the lists of jurors to serve in the district court for the several counties. Upon receipt of the said lists from the several counties the clerk of the district court shall make out slips containing the said names and the same shall be placed in the said box or wheel provided for in section 14 of this act and similar lists shall be kept and filed by the clerk as in the case of the jury lists of persons selected by said commission to do jury duty in the district court held for the several counties, and similar care, custody, and use of the said boxes or wheels with the names therein placed by the said clerk in the same manner and upon the same notice and before the same witnesses, officers and citizens as provided for the use of the care, and custody of the boxes and lists made and used for drawing juries for said district court for said county. The clerk shall upon receipt of the said lists of names of persons to constitute the jury lists for the ensuing twelve months for the use in said court held for the trial of causes arising under the laws of the United States shall prepare slips of paper and place the names of said persons thereon and the same shall be folded and placed in said boxes or wheels used for that purpose as herein provided for said juries drawn for said district courts held in said counties.
Sec. 16. All provisions of this act relating to the selection of names to fill vacancies or talesmen on juries or replacing of names in said box, or the examination and comparison of said names in said box or wheel with lists of the names on file with the clerk shall also apply to the said list, boxes and wheels provided for the purpose of.drawing jurors to serve in said district court held for the trial of causes arising under the laws of the United States. .
Sec. 17. The district judge shall apportion the number of names to be drawn by said commission and placed on the lists of persons selected as eligible for jury duty and placed on said lists and in said boxes or wheels as provided by this act among the several counties composing the judicial district for which such juries are to be drawn in accordance with the population of the said counties and shall direct said names to be selected and said lists to be made in accordance with said apportionment making the total number of names to be placed upon said lists and in said boxes or wheels for the whole of said districts not less than one thousand for each district. And in selecting said lists for said purposes the said commission shall not place upon said lists the name of any person who is selected at the same time to go upon the list to be used for the selection of juries for the district courts to be held for territorial purposes in the several counties.
Sec. 18. The name of no person shall be placed on any of the lists provided to be made under the provisions of this act or shall be selected for that purpose whose name has been upon the lists made at any time during the previous calendar year, under this act or in any list in use immediately preceding the one being made, or for which selections are being made, and, if a comparison shows that any such person has been selected and his name placed on such list in violation of this section his name shall be expunged from the list and taken from the said boxes or wheels in the manner herein before provided for the examination and direction of the names on said lists and in said boxes and wheels and the names of all persons who have died, or who have otherwise become disqualified shall be expunged from said lists and if drawn from said boxes or wheels when the names for jurors are being drawn shall be disregarded and destroyed.
Sec. 19. The jurors for all the counties and districts and for courts to be held therein from and after the fifteenth day of May shall be drawn and selected under the provisions of this act and if the juries have already been selected and drawn for such courts under existing acts such selections and venires shall be set aside and disregarded and new panels selected under the provisions of this act.
Sec. 20. In case of the absence, sickness, or inability to act, or of a vacancy in the judgeship in any district, or of the judge of such district at the time that it is necessary for any duty to be discharged by the district judge under the provisions of this act, such duties shall be discharged by some other district judge of the territory or by the chief justice thereof, and for such purpose the key to any of the said wheels or boxes shall be delivered to the district judge discharging such duty and upon the discharge of the same, and as soon thereafter as is convenient and proper said key shall be returned to the judge of the district in whose custody it properly belongs. The judges of the district court shall take such proper steps and make the proper orders to enforce this act, as may be necessary, immediately after its passage for the year 1905beginning with the fifteenth day of May as hereinbefore provided. In every year after 1905 the said district judges shall cause said selection to be made and said lists prepared and all other things necessary to be done, for the enforcement of this law at the first term of court held in each county and district in each year. If at any time it shall appear to the judge of any district court that the names in said boxes or wheels are becoming exhausted, and in every case where the number of names left in the box or wheel has been reduced more than half of the original number placed therein the district judge shall call the said jury commission together and cause a new list of names to be made from which slips shall likewise be made and placed in said box so as to replace the names in the boxes or wheels to the full number of names placed therein for the year for which they were selected.
Sec. 21. Before any drawing of names from any jury box under the provisions of this act, the wheel or box shall be thoroughly revolved or shaken so as to mix the slips of paper containing the names therein, and as the drawing proceeds the said wheel or box shall be revolved or shaken so as to change frequently the relative positions of the said slips of paper.
Sec. 22. Any clerk of the district court, or his deputy, or other person who shall place upon any jury venire the name of any person not properly selected and drawn as a juror, or who shall omit from any such venire the name of any person so properly drawn and selected, wilfully and knowingly shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 7 of this act.
Sec. 23. Any oflicer charged with the duty of summoning jurors in any of the district courts of this territory, who shall wilfully fail, refuse or neglect to summon any person whose name shall be legally placed in his hands to be summoned as a juror and any such officer who shall make a false return upon any venire of grand or petit jurors, and any officer or any other persons who shall wilfully violate this act, or knowingly and wilfully refuse to perform any duty with the performance of which he is charged, or any such officer or person who shall knowingly and wilfully improperly discharge such duty shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished in the manner provided by section 1 of this act.
Sec. 24. Every officer to whose hands shall come a venire for jurors who shall be unable to summon any person whose name shall be found upon any such venire shall state in his return what efforts he has made to find any such person and any such return shall be deemed and held by the court to be insufficient if it shall not appear that the officer in his effort to serve such person has visited at least the usual place of abode of such person, if such person shall have a usual place of abode in the county, and in every such case it shall be the duty of the officer to use extraordinary diligence to serve all persons whose names are found upon any such venire and to make return of that fact to the court.
Sec. 25. The grand juries provided for by this act shall consist of twenty-one persons and the petit jury panel shall consist of twenty-four persons, and twelve grand jurors shall concur in finding an indictment. The venire for any jury may be made returnable upon such day of the term of the district court as the judge thereof in his discretion shall determine. Juries for special terms of court shall be drawn and summoned in the same manner as jurors for regular terms of court.
Sec. 26. Each jury commissioner shall receive six cents per mile each way for each mile necessarily traveled in going to and returning from the county seat for the discharge of his duties as such commissioner, and three dollars per day for each day on which he is actually engaged in the discharge of his duties.
Sec. 27. The act approved March 16, 1899, entitled an act for the selection of jurors and all acts in amendment thereof are hereby repealed but this repeal shall not apply to jurors selected prior to the time this act goes into effect.
All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in force from and after June 30, 1905
AN ACT RELATING TO SALARIES AND FEES OF PROBATE
CLERKS AND EX-OFFICIO RECORDERS AND COUNTY SUP-
Sec. 1. Salaries of probate clerks in counties of different classes.
superintendents of schools, repealed Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. From and after April 1, 1905, the probate clerks and ex-officio recorders of the several counties of New Mexico, for