Page:1862-63 Territory of Dakota Session Laws.pdf/116

Rh specifying those who were summoned, and the manner in which each person was notified.

Sec. 9. If any person duly drawn and summoned to attend as a grand juror in any court, shall neglect to attend, without any sufficient excuse, he shall pay a fine not exceeding thirty dollars, which shall be imposed by the court to which the juror was summoned, and shall be paid into the county treasury.

Sec. 10. In case of a deficiency of grand jurors in any court, writs of venire facias may be issued to the proper officer, to return forthwith such further number of grand jurors as may be required.

Sec. 11. The proper officer shall summon such persons accordingly, who shall be bound forthwith to attend and serve, unless excused by the court, in the same manner and subject to the same penalties for neglect, as persons duly drawn by the clerk of the district court, and summoned as herein provided.

Sec. 12. No more than twenty-three, nor less than sixteen persons can be sworn on a grand jury, nor can a grand jury proceed to any business unless sixteen members at least be present.

Sec. 13. A person held to answer a charge for a public offense, may challenge the pannel of the grand jury, or any individual grand juror, before they retire, after being sworn and charged by the court.

Sec. 14. A challenge to the pannel may be interposed for one or more of the following causes only:

1. That the requisite number of ballots was not drawn from the grand jury box of the county.

2. That the drawing was not had in the presence of the officer designated in section six of this chapter.

3. That the drawing was not had at least fifteen days before the court.

Sec. 15. A challenge to an individual grand juror may be interposed for one or more of the following causes only:

1. That he is a minor.

2. That he is an alien, and has not resided in the United States two years, and in this territory six months, and had not declared his intention to become a citizen according to the laws of this territory.