Should a vacancy occur in the office of the district attorney or marshal within any circuit, the circuit justice of such circuit may fill it, and the person so appointed serves until an appointment is made by the President; and the marshal thus. appointed must give a bond, as if he had been appointed by the President, and the bond shall be approved by the circuit justice, and filed in the office of the clerk of the court.


Jurors chosen to serve in the courts of the United States, in each State respectively, must possess the same qualifications (subject to modifications), and be entitled to the same exemptions, as the jurors in the highest court of law in such State may have and be entitled to at the time when such jurors for service in the United States courts are summoned: and they are selected by ballot, lot, or otherwise, in accordance with the custom in such State court, so far as that mode may be found practicable in a United States court or by its officers. And for this purpose the United States courts may, by rule or order, con form the selection and impaneling of juries, in substance, to the laws and usages relating to jurors in the State courts in such State.

Number Of The Grand Jury

Every grand jury impaneled before any district or circuit court must consist of not less than sixteen, nor more than twenty-three persons. If less than sixteen attend they are placed on the grand jury, and the marshal is ordered. at a date fixed by the court, to summon from the body of the district, and not from bystanders, a sufficient number of persons to complete the grand jury. Vacancies in the jury arising from the challenging of jurors are also filled in a similar manner. From the persons summoned and accepted as grand jurors, the court appoints a foreman, who has power to administer oaths and affirmations to witnesses appearing before such jury.

Grand juries are not summoned to attend the United States courts, except at the discretion and upon the orders of the presiding judge. The circuit and district courts of the States and Territories and the supreme court of the District of Columbia, discharge their juries whenever they consider their attendance unnecessary.

No person can be summoned as a juror in any circuit or district court oftener than once in two years, and any juror summoned to serve oftener than once in two years is ineligible, if challenged.

The grand jury impaneled and sworn in any district court may take cognizance of all crimes and offenses within the jurisdiction of the circuit court for such district as well as of the district court. Laws in relation to grand jurors, however, differ in certain localities.

Who May Not Serve On Juries

Every person summoned to serve as a grand or petit juror in United States courts, are disqualified and subject to challenge who have willfully or voluntarily taken up arms or joined in any rebellion or insurrection against the United States, giving it aid and comfort, or any assistance, directly or indirectly, in money, arms, horses, clothes, or anything whatever for the benefit of any person engaged in such insurrection, or about to join it; or who has resisted, or is about to resist, with force and arms, the execution of the laws of the United States.

At every term of any United States court, the district attorney, or other person acting in behalf of the United States in such court, may move, and the court may require the clerk to administer to every person summoned to serve as a grand or petit jury in that court, an oath embodying the substance of the above-named cause for disqualification as a juror, and liable to be challenged; and unless such persons can truly take such oath, they cannot be allowed to serve on juries in that court.

Nor can any person serve as a juror in a United States court in any proceeding or prosecution based upon or arising under the provisions of laws enforcing the fourteenth amendment of the Federal Constitution (relative to the equality of civil rights of all citizens, regardless of their color), unless such person can take and subscribe an oath, in open court, that he has never counseled, advised or voluntarily aided in any combination or conspiracy against said amendment and the laws enforcing it.

Who May Not Serve On Juries 496

The Court Room.

THE illustration shown above represents the usual attendants upon a lawsuit during its trial in court. Behind the desk is seated the judge; in front is the clerk of the court and beside him sits the court crier. Seated in a chair by the judge's desk is the witness being questioned by the lawyer who sits with his client at the end of the table. At the adjoining table several reporters are writing; at the extreme right are the twelve jurymen; on the opposite side of the room are four lawyers, one of whom is standing and is objecting to the course pursued by the lawyer who is examining the witness. Inside the railing and near the entrance sits the deputy sheriff, who has general charge of the court-room; at the extreme left and outside the railing sit spectators and individuals who may be called as witnesses.

The United States court of claims, is located at Washington, in apartments provided at the expense of the Government. It consists of one chief justice and four judges, who are appointed by the President, and hold their offices during good behavior. Each of them is required to take an oath to support the Constitution and faithfully discharge his duties.

When Court Is In Session

The court of claims holds one annual session, beginning early in December and continuing as long as the prompt transaction of its business may require. Any two of the judges constitute a quorum and can hold a court.

The court appoints a chief clerk, an assistant clerk (if necessary), a bailiff and a messenger. The clerks are required to take the constitutional oath of fidelity, and perform their duties under the direction of the court. For misconduct or incapacity they may be removed by the court, but the court must report to Congress the causes of such removal.

The chief clerk has authority to disburse, under the direction of the court, the contingent fund which may from time to time be appropriated to its use by Congress; and his accounts are settled by the proper accounting officers of the Treasury in the same way as the accounts of other disburs-ing agents of the Government are adjusted.