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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 judgment, if such 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, 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 feast 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 arrival 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 terininate 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 twenty-six 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 draun under the provisions hereof."— Act of January 31, 1902.
a [PUBLIC RESOLUTION—No. 3.). Joint Resolution To amend an Act entitled “An Act to establish a
code of law for the District of Columbia." 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. [PUBLIC-No. 4.) An Act To amend the code of law for the District of Columbia, approved March
Third, nineteen hundred and one. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two hundred and four of an Act of Congress 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 daysor more shall be exempt from further service as a juror in said court for the 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 excused 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.
Sec. 209. If at any time during the impaneling of a jury, 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.
entitled "An Act to establish a code of law for the District of Columbia,” approved March third, nineteen hundred and one, be, and the same is hereby, amended by striking out the word "one" in the second line thereof, and inserting in lieu thereof the word “two;" also by adding to said section the following:
“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 twenty-six 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."
Sec. 2. That the joint resolution to amend an Act entitled “An Act to establish a code of law for the District Columbia," approved January eighth, nineteen hundred and two, be, and the same is hereby, repealed.
Approved, January 31, 1902.
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 officer 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 days, 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 required 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.
Sec. 215. QUALIFICATIONS.—No person shall be competent 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 officers of the Government of the United States and of the 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, almshouses, 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.
Sec. 221. CONSTITUTION.—The court of appeals of said District shall continue as at present organized, and shall consist of one chief justice and two associate justices, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold office during good behavior.
Sec. 222. Salary.—The said justices shall each receive an annual salary of six thousand dollars, payable quarterly at the Treasury of the United States, except the chief 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.
Sec. 225. TERMS AND RULES.—The said court of appeals shall establish by rule of court such terms of the court in each year as to it may seem necessary: Provided, however, That there shall be at least three terms in each year; and it shall make such rules and regulations as may be necessary and proper for the transaction of its business and the taking of appeals to said court. And said court of appeals shall have the power to prescribe what part or parts of the proceedings in the court below shall constitute the record on appeal, except as herein otherwise provided, and the forms of bills of exceptions, and to require that the original papers be sent to it instead of copies thereof, and generally to regulate all matters relating to appeals, whether in the court below or in said court of appeals. If any member of the court shall be absent on account of illness or other cause during the session thereof, or shall be disqualified from hearing and determining any particular cause by having been of counsel therein, or by having as justice of the supreme court of the District of Columbia previously passed upon the merits thereof, or if for any reason whatever it shall be impracticable to obtain a full court of three justices, the member or members of the court who shall be present shall designate a justice or justices of the supreme court of the District of Columbia to temporarily fill the vacancy or vacancies so created, and the justice or justices so designated shall sit in said court of appeals and perform the duties of a member thereof while such vacancy or vacancies shall exist: Provided, That no justice of the supreme court of the District of Columbia shall, while on the bench of said court of appeals, sit in review of any judgment, decree, or order which he shall have himself entered or made: Provided also, That if the parties to any cause shall so stipulate in writing, by their attorneys and solicitors, such cause may be heard and determined by two justices of the court without calling in any of the justices of the supreme court of the District of Columbia: And provided also, That all motions to dismiss appeals and other motions may be heard by two justices in the event of the absence or disqualification of any one of the justices as aforesaid: And provided further, That if in any cause heard before two justices as aforesaid the court shall be divided in its opinion, then the judgment or decree of the lower court shall stand affirmed.
Sec. 226. JURISDICTION.— Any party aggrieved by any final order, judgment, or decree of the supreme court of the District of Columbia, or of any justice thereof, [*]including any final order or judgment in any case heard on appeal from a justice of the peace, (”] may appeal therefrom to the said court of appeals; and upon such appeal the court of appeals shall review such order, judgment, or decree, and affirm, reverse, or modify the same as shall be just, except as provided in the following sections. Appeals shall also be allowed to said court of appeals from all interlocutory orders of the supreme court of the District of Columbia, or by any justice thereof, whereby the possession of property is changed or affected, such as orders for the appointment of receivers, granting injunctions, dissolving writs of attachment, and