the county clerk, and by him kept in a box. Previous to the sitting of
the court, the requisite number is drawn out the box; and the men whose
names are drawn, are summoned to attend as jurors.

§6. It is the business of a _grand jury_ to inquire concerning crimes
and misdemeanors committed in the county; and if there appear just
grounds of accusation against any person, they make to the court a
presentment or formal charge against him, upon which he is to be put
upon trial. The number of grand jurors is not always the same. In some
states there may not be more than twenty-three nor less than twelve. It
is not required that they shall all agree in order to put a person upon
trial.

§7. On the opening of the court, the grand jurors are sworn to make a
true presentment of all things given them in charge. The judge then
gives them a charge, and appoints one of them foreman; and the jurors
retire to a private apartment to attend to their duties. They hear all
complaints brought before them against persons for crimes and breaches
of the peace, and examine witnesses who appear to testify; and when it
is requested, they have the assistance and advice of the state's
attorney; or as he is called in some states, the _district attorney_, or
_prosecuting attorney_. If they think any person complained of ought to
be tried, they draw up a writing, in which they charge him with the
offense of which they think him guilty. This is called an _indictment_.
It is signed by the foreman, indorsed "a true bill," and carried by the
jury into court. If the person accused has not before been arrested, he
may now be arrested, and put upon trial. (See Chap. XVIII, §12-14.)

§8. As grand juries do not try crimes, but merely make inquiry into
them, some may not readily perceive the necessity of such juries.