opinion, so formed or expressed, would deter him from being an impartial juror, or from rendering an impartial verdict as such. Any juror answering both questions in the affirmative shall be set aside.

SEC. 54. But any juror, answering the latter question in the negative may be interrogated by the court, or, by permission of the court, may be interrogated by either of the parties in reference to his opinion so formed or expressed, and the court may, in its discretion, set aside such juror, upon reasonable suspicion of bias in the mind of such juror, for or against the prisoner. Other competent persons shall be immediately summoned in place of those set aside, whose qualifications to sit shall be tested in like manner, until the requisite number of twenty-four impartial and competent jurors shall be obtained, of which the prosecution shall have the right to challenge or object to six; the accused, if he chooses, or upon his refusal to choose, the court shall select out of the remaining eighteen, the twelve to try the case, who shall be qualified therefor by the judge or clerk. But, in all other criminal cases, the clerk shall summons twelve, after the same have in like manner been drawn by the sheriff, who shall be empaneled as above, the prosecution objecting to three, and the accused or court selecting the six out of the remaining nine to try the case. No verdict shall be rendered in any criminal case without the unanimous consent of the whole jury.

SEC. 55. In case of a disagreement of the jury, and the court being satisfied that such jury cannot agree,

G

the jury shall be discharged, and a new jury, in like manner, empaneled to try that case.

SEC. 56. In the second, or any after trial of any criminal case, proceedings shall be conducted upon the charge preferred as if no previous trial had been had; provided, either party shall be allowed to examine witnesses as to their former

statements, and to

introduce such statements as evidence in regard to the creditability of such witnesses.

SEC. 57. After a jury has been impaneled in the manner above prescribed, it shall be the duty of the presiding judge to place said jury in the custody of the sheriff, or his deputy, who shall keep the said jury from separating and from holding intercourse with any person, without the permission of the court, until they have rendered a verdict, or been discharged by the court; and any juror holding, or attempting to hold, any intercourse with any person, without the consent of the court, while in the custody of the sheriff, shall be peremptorily fined by the court not less than twenty-five dollars, nor more than one hundred dollars. It shall be the duty of the sheriff to furnish any jury thus placed in his custody with necessary provisions and refreshments, the expense of which shall be paid by the Nation.

SEC. 58. In charging the jury, the judge shall, in all cases, present the testimony without signifying his opinion of the weight and preponderance of the evidence. He shall state the law applicable to the case as set forth in the summons or indictment, with such

instructions as to the kind and degree of proof required to sustain the allegations or charge, as he may deem of service, or necessary to guide the jury to a just and legal decision or verdict.

SEC. 59. If the jury shall disagree in any criminal case, the presiding judge shall require them, or either of them, to make known to him the cause of such disagreement, and if such disagreement, in whole or in part, shall be as to the meaning or the application of the law to the facts found by them, the court shall instruct them thereon, in which case, the jury shall return to their deliberations, and continue the same. until they agree, or the judge is satisfied they cannot

agree.

SEC. 60. Before impaneling a jury in civil and criminal cases, the court shall make such enquiry of those summoned to serve as to their legal qualifications, as he may deem necessary; and either party may at the same time allege such good cause of disqualification as he may be aware of, which alleged cause shall be examined and determined by the court. The places of those who may be disqualified shall be filled by other competent persons, to be immediately summoned.

ARTICLE VI.

GRAND JURORS.

SEC. 61. At least fourteen (14) days before the commencement of the first regular terms of the circuit and district courts, in each year, the judges of both courts shall each furnish to the sheriff of each district,

a list of five names of persons, to be selected from the most respectable, intelligent and responsible citizens of the district, who shall be summoned to act as grand jurors jurors: fok for that district during the year, and to sit during the regular terms of the court respectively, unless sooner discharged by the court, and, if required by the solicitor, for any other period, not more than five days, and at or near the regular place of holding court, after the adjournment of the court. No person summoned to serve as grand juror shall be exempt from service, except on account of personal sickness, severe or dangerous sickness in his immediate family, or recent death, and before burial of any member thereof. In case of the absence of any person summoned as grand juror, his place shall be filled by some competent person who shall, if necessary, be summoned by special writ.

SEC. 62. At each regular term of the court, the grand jury shall be instructed by the court, and shall enter upon their duties before other business is done, or any case is called.

SEC. 63. The following oath shall be administered to the grand jurors before they proceed to business, viz:

You, and each of you, as grand jurors, for and in behalf of this, the district of do solemnly swear, that you will diligently inquire and true presentment make, of all such matters and things as shall be given to you in charge; the purport of your intercourse with each other, with witnesses and with the solicitor of the district, you will keep secret while you are so engaged; that you shall indict no man for envy, hatred or malice, nor leave any man unindicted for love, fear, favor or affection, or hope of reward, but that you shall present

things truly as they shall come to your knowledge, according to the law, your instructions and the evidence, and the best of your understanding of these, so help you God.

SEC. 64. After being impaneled as above, the grand jury shall elect their foreman, by ballot, who shall act as foreman during the whole of their term of their service. In his absence, another foreman may be elected.

SEC. 65. It shall be the duty of the grand jury to hear and inquire into all complaints or accusations of crime or misdemeanor of which their courts respectively shall have jurisdiction; and the grand jury of the. circuit court shall inquire into cases of which the supreme judges have jurisdiction, to call for and examine persons whom they may have reason to believe may be aware of the perpetration of any indictable offense within their respective districts, to make use of all the means placed in their power, to develop a discovery of all violations of law of which they shall have cognizance, to inquire into and to present such indictments, or discharge such accusations, as shall be in conformity to to law law and the instructions of the

court.

SEC. 66. A majority of the grand jury may find an indictment.

SEC. 67. It shall be the duty of the solicitor of the district to be in attendance at court during the sessions of each grand jury of his district, to report to said grand jury all cases of violations of law subject to their inquiry, which have been reported to him, or which