JURORS.

AN ACT concerning Jurors.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. The probate judge and the sheriff of the county in which a term of the district court is or may be authorized by law to be held, shall, at least ten days prior to the commencement of said term of court, select the names of one hundred persons, lawfully qualified to serve as jurors, from the assessment roll of such county: Provided, That that number of names are contained on such assessment roll; and the names of the persons so selected, after being written on separate slips of paper, shall be deposited in a box to be provided for such purpose, and from the names so deposited the judge and sheriff aforesaid, shall alternately draw the names of thirty persons who shall constitute trial jurors, for the next ensuing term of such district court.

SEC. 2. The list of names so drawn certified to by the judge and sheriff as selected by them, shall thereupon be delivered to the clerk of the district court who, upon the receipt of the same, shall immediately issue a venire directed to the sheriff of the county, commanding him to summon the persons so named as trial jurors for such term of court, and the sheriff shall summons such named persons at least three days prior to the commencing of such term of court.

SEC. 3. The venire as provided for in section two of this act, shall be returned to the clerk of such district court, by the sheriff aforesaid, at least two days before the commencement of such term of court, and such venire, after its return, shall be subject to the inspection of any officer or attorney of the

court.

SEC. 4. The box containing the residue of the names of the the jury list as aforesaid, shall, after such drawing, be locked up, and with the key, deposited with the clerk of the district court for such county, and by him safely kept for future use by the aforesaid officers, or as further provided in this act.

SEC. 5. When at any time during a term of the district court, it shall become necessary to summons other jurors than as herein before provided for, the clerk shall in open court, under the direction of the judge thereof, from such box, draw a sufficient number of names to constitute additional trial jurors during such term of court; Provided, In case any such

jurors so drawn reside at a great distance from the place where the court is held, the court may, in its discretion, dispense with summoning such juror and order another to be drawn instead thereof, and the clerk shall issue a venire directed to the sheriff, for the summoning of such persons as trial jurors, and the sheriff shall proceed forthwith to summon the same as such trial jurors, and with all possible diligence, make return with his proceedings thereon.

SEC. 6. When at any term of the district court for the want of an assessment roll, or sufficient time is not permitted in which to prepare and draw the list of jurors as provided in this act, or when from any cause which may appear satisfactory to such district judge, such list has not been prepared or drawn, or the sheriff has not summoned such jurors, or the names selected as jurors, placed in such box be exhausted, it shall be lawful for such district judge and sheriff to prepare a list of the names of a sufficient number of persons, competent to serve as trial jurors, and deposit such names in a box, and at any time during the term of the court when a jury shall be required, names of persons shall be drawn therefrom by the clerk, as provided in section five of this act, and from time to time, other names may be selected and placed in such box and drawn therefrom as herein before provided for and summoned as such trial jurors; Provided, That in the selection of names to be deposited in such box the name of no person from among the by-standers at such court shall be chosen and selected.

SEC. 7. It shall be the duty of the probate judge and any one of the county commissioners of the county at least ten days prior to the assembling of a court authorized by law, to inquire into public offences, by the intervention of a grand jury, to select the names of twenty four persons eligible to serve as jurors, and upon a venire being issued by the clerk of such court, the sheriff shall, at least two days prior to the meeting of the court, summons said persons to appear on the first day of the succeeding term and from such pannel, the court shall select seventeen persons who shall constitute such grand jury.

SEC. 8. When from any cause on the meeting of, or during the term of a court, authorized by law, to inquire into public offences by the intervention of a grand jury, and a grand jury is wanted, and there is not a sufficient number of jurors present, or those summoned have been discharged, a sufficient number to complete such grand jury, or constitute a new grand jury, as the case may be, shall be selected and sum

moned in the same manner as is prescribed in section six of this act, and for the selection of trial jurors.

SEC. 9. Any person who is a qualified voter in this territory shall be competent to serve as a grand or petit juror.

SEC. 10. The following persons shall be exempted from serving as grand or petit jurors, viz: All priests or ministers of the gospel; attorneys and counsellors at law, practicing as such; practicing physicians; all county, township or territorial officers; editors, and regularly enrolled firemen in active service, not exceeding sixty-five in number to each company.

SEC. 11. Any person summoned as aforasaid to serve as a juror who shall fail to attend unless excused by the court, shall be fined in any sum not exceeding two hundred dollars, at the discretion of the court and be imprisoned in the county jail until such fine is paid.

SEC. 12. This act to take effect and be in force from and after its approval by the Governor.

APPROVED, January 29th, 1864.

CREATION OF OFFICES, ETC.

AN ACT creating offices in the territory of Idaho, declaring to whom resignations shall be made, when offices shall be deemed vacant, and the manner of filling such vacancies. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. That there shall be elected or appointed as hereinafter declared, the following officers, to wit: First. One territorial treasurer. Second. One territorial auditor, who shall be ex-officio librarian. Third. One territorial superintendent of public instruction. Fourth. One delegate to congress. Fifth. Members of the council. Sixth. Members of the house of representatives. Seventh. One attorney for each judicial district. Eighth. For each county, one probate Judge, one county clerk, whose duty it shall be to act as clerk of the probate court; one sheriff, who shall be also tax collector; one assessor, one treasurer, one recorder, who shall be ex-fficio auditor and clerk of the board of county commissioners; one surveyor, one county school superintendent, and

three county commissioners; for each election precinct, two justices of the peace, who shall be ex-officio coroners in their precinct, and two constables. The district attorneys and probate judges shall be elected by the qualified voters of the respective counties and districts; such district attorneys and probate judges shall hold their offices for two years unless otherwise provided by law, or until their successors be appointed and qualified, if not removed by the governor for cause published and filed in the office of the secretary of the territory. At every general election, there shall be elected in each road district by the qualified voters thereof one road supervisor.

SEC. 2. One delegate to congress shall be elected by the qualified electors of the territory; Members of the council and house of representatives, county clerks, sheriff, county assessor, county treasurer, county recorder, county surveyor, and county commissioners, shall be elected by the qualified electors of their respective districts or counties. Justices of the peace and constables shall be elected by the qualified electors of their respective precincts.

SEC. 3. The territorial treasurer, auditor and superintendent of public instruction shall be elected by the qualified electors of the territory, and shall hold their respective offices for the term of two years, and until their successors shall be elected and qualified.

SEC. 4. Members of the council, county clerks, sheriffs, county treasurers, county recorders, county assessors, county surveyors, county school superintendents, and justices of the peace, shall hold their respective offices for the term of two years, unless otherwise provided by law, and until their successors shall have been elected and qualified.

SEC. 5. Members of the house of representatives, constables and road supervisors, shall hold their respective offices for the term of one year, unless otherwise provided by law, and until their successors shall have been elected and qualified.

SEC. 6. County commissioners shall hold their offices as follows: At the first general election after the passage of this act, in each county there shall be elected three suitable persons resident in different parts of the county, as county commissioners, who shall hold their office respectively one, two and three years, and at each and every subsequent annual election one commissioner shall be elected who shall hold his office three years; the persons so elected at the first general election after they have qualified, shall assemble at the office of the county auditor, the said auditor shall prepare three blank slips of paper upon which respectively, he shall write the names of

the commissioners, he shall fold said slips of paper so written upon, so that they cannot be readily distinguished one from the other, and deposit them in a suitable box; he shall also prepare three other blank slips of paper upon which respectively, he shall write one year, two years, and three years, and fold them in a similar manner and deposit them in another similar box, he shall then proceed to draw from the first box one of the folded slips, and open it, and call aloud the name written thereupon, whereupon the commissioner whose name is called, shall proceed to draw from the second box a slip, in like manner shall the drawing of the remaining slips be conducted; each of the commissioners shall then deposit the folded slip which he had drawn, with the auditor, who shall note the time expressed on such slip, and declare the name of the commissioner who drew it, and said commissioner shall hold his office for the time expressed on such slip.

SEC. 7. All elective officers designated in sections one, two, three, four, five and six of this act, shall be filed at the general elections provided by law for this territory.

SEC. 8. Notaries public may be appointed by the governor, who shall hold their offices for the term of two years, unless sooner removed by the governor for cause, published and filed in the office of the secretary of the territory.

SEC. 9. Resignation shall be made as follows: First. By the territorial officers and by all officers elected by the legisla ture, to the governor. Second. By all county officers to the county commissioners in their respective counties. Third. By all other officers holding their office by appointment, to the body, board, or officer, that appointed them.

SEC. 10. Every office shall become vacant on the happening of either of the following events before the expiration of the term of such office: First. The death of the incumbent. Second. His resignation. Third. His removal. Fourth. His ceasing to be an inhabitant of the territory, district, county or precinct, for which he shall have been elected, or appointed, or within which the duties of his office are to be discharged. Fifth. His conviction of any infamous crime, or of any offence involving a violation of his official oath. Sixth. His refusal or neglect to take his oath of office, or to give, or renew his official bond, or deposit such oath or bond, within the time prescribed by law. Seventh. The decision of a competent tribunal declaring void his election or appointment.

SEC. 11. The governor shall also declare vacant the office of every officer required by law to execute an official bond,