Chapter LXXXVI. *regulating Proceedings in criminal Cases, and for other Purposes.* March 3, 1865. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That every grand jury impanelled Grand juries in district or circuit courts to consist of how many memb
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Chap. LXXXVI.— An Act *regulating Proceedings in criminal Cases, and for other Purposes.* March 3, 1865. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That every grand jury impanelled Grand juries in district or circuit courts to consist of how many members.before any district or circuit court of the United States to inquire into and presentment make of public offences against the United States, committed or triable within the district tor which the court is holden, shall consist of not less than sixteen and not exceeding twenty-three persons.
If insufficient number attends.If of the persons summoned less than sixteen attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or tbr a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. Challenges.And whenever a challenge to an individual grand juror is allowed, and there are not other jurors in attendance sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose.
No indictment shall be found, Twelve must vote for bill.nor shall any presentment be made, without the concurrence of at least twelve grand jurors. From the persons summoned and accepted as grand Foreman may swear witnesses.jurors, the court shall appoint the foreman, who shall have power to administer oaths and affirmations to witnesses appearing before the grand jury. Challenges, number of; Sec. 2. *And be it further enacted,* That when the offence charged be treason or a capital offence, the defendant shall be entitled to twenty and the United States to five peremptory challenges.
On a trial for any other offence in which the right of peremptory challenge now exists, the defend ant shall be entitled to ten and the United States to two peremptory challenges. to be tried by the courtAll challenges, whether to the array or panel or to individual jurors for cause or favor, shall be tried by the court without the aid of triers. Sentences for more than a year, where to be executed. Sec. 3. *And be it further enacted,* That in every case where any person convicted of any offence against the United States shall be sentenced to imprisonment for a period longer than one year, it shall be lawful for the court by which the sentence is passed to order the same to be executed in any state prison or penitentiary within the district or state where such court is held, the use of which prison or penitentiary is allowed by the Expenses.legislature of such state for such purposes; and the expenses attendant upon the execution of such sentence shall be paid by the United States.
THIRTY-EIGHTH CONGRESS. Sess. II. Ch. 86, 87. 1865. 501 Sec. 4. *And be it further enacted,* That issues of fact in civil cases in Issues of fact in civil cases may be tried by court, if, &c.any circuit court of the United States may be tried and determined by the court without the intervention of a jury, whenever the parties, or their attorneys of record, file a stipulation in writing with the clerk of the court waiving a jury. The finding of the court upon the facts, which finding Effect of finding.
Exceptions to rulings.may be either general or special, shall have the same effect as the verdict of a jury. The rulings of the court in the *court* [cause] in the progress of the trial, when excepted to at the time, may be reviewed by the supreme court of the United States upon a writ of error, or upon appeal, provided the rulings be duly presented by a bill of exceptions. When the finding is special, the review may also extend to the determination of the sufficiency of the facts found to support the judgment.
Sec. 5. *And be it further enacted,* That all acts and parts of acts in Repealing clause.conflict with this act be, and the same are hereby, repealed. Sec. 6. *And be it further enacted,* That this act shall take effect on the When act takes effect.first day of June, one thousand eight hundred and sixty-five. Approved, March 3, 1865.