Page:1862-63 Territory of Dakota Session Laws.pdf/114

Rh may render judgment thereon for the territory, according to the circumstances of the case, and the situation of the party, and upon such terms and conditions as to such court shall seem just and reasonable.

Sec. 31. No such action brought on a recognizance as mentioned in the preceding section shall be barred or defeated nor shall judgment thereon be arrested by reason of any neglect or omission to note or record the default of any principal or surety, at the term when such default shall happen, nor bay reason of any such defect in the form of the recognizance ; if it sufficiently appear from the tenor thereof at what court the party or witness was bound to pear, and that the court or magistrate before whom it was taken was authorized by law to require and take such recognizance.

Section 1. A grand jury is a body of men not less than sixteen, nor more than twenty-three in number, returned at stated periods from the citizens of the county, before a court of competent jurisdiction, chosen by lot, and sworn to inquire of public offenses, committed or triable in the county.

Sec. 2. A grand jury must be drawn for one term of the district court in each of the organized counties in this territory, in which a term of the district court is held.

Sec. 3. All persons who are qualified electors of this territory shall be liable to be drawn as grand jurors, except as hereinafter provided.

Sec. 4. The following persons shall be exempt from serving as grand jurors: All United States officers, all judges of courts of record, commissioners of public buildings, auditor and treasurer of the territory, territorial librarian, clerks of courts, reg-