Page:1862-63 Territory of Dakota Session Laws.pdf/117

108 3. That he is insane.

4. That he is the prosecutor upon a charge against the defendant.

5. That he is a witness on the part of the prosecution, and has been served with process, or bound by an undertaking as such.

6. That a state of mind exists on his part in reference to the case, or to either party, which satisfies the court in the exercis of sound discretion, that he cannot act impartially and without prejudice to the substantive rights of the party challenging.

Sec. 16. The challenges mentioned in the last three sections, may be had, and must be entered upon the minutes, and tried by the court.

Sec. 17. The court must allow or disallow the challenge, and the clerk must enter its decision upon the minutes.

Sec. 18. If a challenge to the pannel be allowed, the grand jury are prohibited from inquiring into the charges against the defendant by whom the challenge was interposed; if they should notwithstanding do so, and find an indictment against him, the court must direct it to be set aside.

Sec. 19. If a challenge to an individual grand juror be allowed, he cannot be present at, or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberation of the grand jury thereon.

Sec. 20. The grand jury muet inform the court of a violation of the last section, and it is punishable by the court as a contempt.

Sec. 21. From the persons summoned to serve as grand jurors and appearing, the court must appoint a foreman. The court must also appoint a foreman, when a person already appointed is discharged or excused, before the grand jury are dismissed.

Sec. 22. The following oath must be administered to the foreman of the grand jury:

You, as foreman of this grand jury, shall diligently inquire, and true presentment make of all public offenses against the people of the United States, of this territory, committed or triable within this county, of which you shall have or obtain legal evidence; you shall present no person through malice,