Page:1887 Compiled Laws of Dakota Territory.pdf/148

This page needs to be proofread.
The Judiciary.
POLITICAL CODE.
§§ 445-446

and the time and place where they shall appear; and such order may be issued at any time within thirty days before the first day of the term of the district court, or at any time during the term of said court.

Grand jury, how summoned. s. 6, c. 19, Pol. C. s. 1, c. 62, 1885.

§ 445. A grand jury shall be summoned in the same manner provided for summoning petit juries; provided, that in all cases a grand jury shall consist of not less than sixteen nor more than twenty-three jurors.

Jurors must appear. s. 11, c. 19, Pol. C.

§ 445a. Each grand and petit juror summoned shall appear before the court on the day and at the hour specified in the summons, and shall not depart without leave of court.

Court may order jury forthwith. s. 12, c. 19, Pol. C.

§ 445b. If all persons summoned as grand and petit jurors do not appear before the court, or if for any cause the panel of the grand jurors or petit jurors is not complete, or if no jury be drawn as above provided, the court may order the sheriff, deputy sheriff or coroner, to summon without delay, good and lawful men, having the qualifications of jurors; and the person or per- sons summoned shall forthwith appear before the court, and if competent shall serve on the grand jury or petit jury, as the case may be, unless such person or persons may be excused from serving or lawfully challenged.

Summons to complete special panel. s. 13, c. 19, Pol. C.

§ 445c. Whenever the panel of petit jurors shall be exhausted by the challenges of either party in any action, the judge of the court shall order the sheriff, deputy sheriff or coroner to summon, without delay, a sufficient number of persons possess- ing the qualifications of jurors, as before provided, to complete the number requisite for a jury in that particular case.

Citizens must be selected in rotation. s. 14, c. 19, Pol. C.

§ 445d. It shall be the duty of the county commissioners, in selecting and furnishing to the clerk the number of persons qualified to serve as grand and petit jurors, so to select and arrange that no one person shall come on the jury a second time before all qualified persons shall have served respectively in rotation, according to the best information that can be obtained.

Penalty for failure to appear. s. 15, c. 19, Pol. C.

§ 445e. If any person summoned to appear as grand juror or petit juror fails, refuses or neglects to appear, such person shall be considered guilty of contempt of the court, and may be fined by the court in any sum not less than five nor more than fifty dollars; and if any person, when a second order of attach- ment is issued, neglects or refuses to appear, such person may be fined as above provided and imprisoned by the court not longer than ten days in the county jail; and if the county commis- sioners of any county wilfully neglect or fail to select and fur- nish to the clerk names of persons as hereinbefore provided, such persons so offending may be fined by the court not less than five nor more than fifty dollars; and if the clerk of the district court, or deputy clerk, or sheriff, deputy sheriff or coro- ner, so neglect or fail to perform the duties imposed by this act, the persons so offending shall be considered guilty of contempt of court, and may be fined by the court not less than five nor more than fifty dollars, and if guilty of gross misconduct in office and contempt in disregarding the provisions of this act, may be imprisoned by the court not longer than thirty days, in the county jail.

In Counties Without Township Organization.

Section.

446. Drawing jurors in counties not organized into civil townships.

447. Clerk puts names on tickets.

Section.

448. Clerk and sheriff draw jurors by lot.

449. Clerk to issue venire.

450. Venire, how served.

Drawing of jurors in counties not organized into civil townships. s. 2, c. 19, Pol. C.

§ 446. In each of the counties [not organized into civil townships] wherein a district court is appointed or directed to be holden, two hundred names of qualified persons shall be selected

125