Page:1862-63 Territory of Dakota Session Laws.pdf/115

106 isters of deeds, sheriffs and their deputies, coroners, constables, attorneys and counsellors at law, and solicitors in chancery, ministers of the gospel, preceptors and teachers of incorporated academies, one teacher in each common school, practising physicians and surgeons, one miller to each grist mill, one ferryman to each licensed ferry, all members of companies of firemen organized according to law, all persons more than sixty years of age, and all persons not of sound mind or discretion, and persons subject to any bodily infirmity amounting to any disability; and all persons shall be disqualified from serving as grand jurors who have been convicted of any infamous crime.

Sec. 5. On receiving the list of grand jurors from the register of deeds, as selected by the board of county commissioners, the clerk of the district court shall write names of the persons contained therein, on separate pieces of paper, and shall fold up such pieces of paper each in the same manner as near as possible, so that the name written thereon shall not be visible, and shall deposit the same in a box to be drawn as hereinafter provided.

Sec. 6. At least fifteen days before the sitting of any district court, the clerk thereof, in the presence of the sheriff, or his deputy, and a justice of the peace, shall proceed to draw the names of twenty-three persons from the box, to serve as grand jurors at such court.

Sec. 7. The clerk of the district court shall, twelve days at least before the first day of the court, issue and deliver to the sheriff or his deputy, a venire under the seal of the court, commanding him to summon the persons so drawn, to appear before the said court, at or before the hour of eleven o'clock. A. M., on the first day of the term thereof, to serve as grand jurors.

Sec. 8. The sheriff or his deputy, shall summon the persons so named in the venire, to attend such court as grand jurors at least six days before the sitting of such court, by giving personal notice to each person, or by leaving a written notice at his place of residence, with some person of proper age. He shall return such venire to the court at the opening thereof,