GRAND JURY. In Practice. A body of men, consisting of not less than twelve nor more than twenty-four, respectively returned by the sheriff of every county to every session of the peace, over and terminer, and general gaol delivery, to whom indictments are pre ferred. 4 Blackstone, Comm. 302;.1 Chitty, Crim. Law, 310, 311.
There is reason to believe that this institution among the Saxons. Crabb, Eng. Law, 35. By the constitutions of Clarendon, enacted 10 Hen. II. (A.D. 1164), it is provided that "if such men were suspected whom none wished or dared to accuse, the sheriff, being thereto required by the bishop, should swear twelve men of the neighbor hood, er village, te declare the truth" respecting such suppesed crime, the jurers being summened as witnesses er accusers rather than judges. It seems te be pretty certain that this statute either established grand juries, if this institution did not exist hefere, or recognized them if they already existed. 1 Spence, Eq. Jur. 63.
2. Ofthe organization of the grand jury. The law requires that twenty-four citizens shall be summoned to attend on the grand jury ; but in practice not more than twenty-three are sworn, because of the inconvenience which might arise of having twelve, who are sufficient to find a true bill, opposed to other twelve who might be against it. 2 Hale, Pl. Cr. 161; 6 Ad. & E. 236; 2 Caines, N. Y. 98. The number of jurors is a matter of local regulation. In Massachusetts it is to be not less than thirteen nor more than twenty three, 2 Cush. Mass. 149; in Mississippi and Sjuth Carolina, not less than twelve, 15 Miss. 58 ; 33 id. 356 ; 11 Rich. So. C. 581; in Cali fornia, not less than seventeen, 6 Cal. 214; in Texas, not less than thirteen. 6 Tex. 99.
3. Being called into the jury-box, they are usually permitted to select a foreman, whom the court appoints ; but the court may exercise the right to nominate one for them. The foreman then takes. the following oath or affirmation, namely: " You, A B, as fore man of this inquest for the body of the —, of —, do swear (or affirm) that you will diligently inquire, and presentment make, of all such articles, matters, and things as shall be given you in charge, or otherwise come to your knowledge, touching the pre sent service ; the commonwealth's counsel, your fellows', and your own, you shall keep secret ; you shall present no one for envy, hatred, or malice ; nor shall you leave any one unpresented for fear. favor, affection, hope of reward or gain, but shall present all things truly, as they come to your knowledge, according to the best of your understanding.
So help you God." It will be perceived that this oath contains the substanced the'duties of the grand jury. The foreman having been sworn or affirmed, the other grand jurors are sworn or affirmed according to this formula:—" You and each of you do swear (or affirm) that the same oath (or affirmation) which your foreman has taken on his part, you and every one of you shall well and truly observe on your part." Being so sworn or affirmed, and having re ceived the charge of the court, the grand jury are organized, and may proceed to the room provided for them, to transact the business which may be laid before them. 2 Burr. 1088 ; Bacon, Abr. juries, A. See 12 Tex. 210. The grand jury constitute a regular body until dis charged by the court, or by operation of law, as where they cannot continue, by virtue of an act of assembly, beyond a certain day. But, although they have been formally discharged by the court, if they have not separated, they may be called back and fresh bills be submit ted to them. 9 Carr. & P. 43.
4. The jurisdiction of the grand jury is coextensive with that of the court for which they inquire, both as to the offences triable there and the territory over which such court has jurisdiction.
The mode of doing business. The foreman acts as president, and the jury usually ap point one of their number to perform the duties of secretary. No records are to be kept of the acts of the grand jury, except for their own use, because their proceedings are to be secret. Bills of indictment against offenders are then supplied by the attorney general, or other officer representing govern ment. See 11 Ind. 473 ; 1 Hempst. Ark. 176 ; 2 Blatchf. C. C. 435. On these bills are indorsed the names of the witnesses by whose testimony they are supported. The jury are also required to make true present- • ment of all such matters as have otherwise come to their knowledge. These present. ments, which are technically so called, are, in practice, usually made at the close of the ses- SiOn of the grand jury, and include offences of which they have personal knowledge : they should name the authors of the offences, with, a view to indictment. The witnesses in sup port of a bill are to be examined in all cases under oath,, even when, members of the jury itself testify, as they may do.