Page:1862-63 Territory of Dakota Session Laws.pdf/120

Rh Sec. 89. If a member of the grand jury knows, or has reason to believe, that a public offense has been committed which is triable in the county, he must declare the same to his fellow jurors, who must thereupon investigate the same.

Sec. 40. The grand jury must inquire:

1. Into the condition of every person imprisoned on a criminal charge triable in the county, and not indicted.

2. Into the condition and management of the public prisons in the county; and,

3. Into the willful and corrupt misconduct in office, of public officers of every description in the county.

Sec. 41. They are also entitled to free access, at all reasonable times, to the public prisons, and to the examination without charge of all public records in the county.

Sec. 42. The grand jury may at all reasonable times ask the advice of the court, or of the district attorney of the county; and whenever required by the grand jury, it shall be the duty of the district attorney of the county to attend them for the purpose of framing indictments, or of examining witnesses in their presence, but no district attorney, sheriff or other person, except the grand jurors, shall be permitted to be present during the expression of their opinions or the giving of their votes upon any matter before them.

Sec. 43. Every member of the grand jury must keep secret whatever he himself, or any other grand juror may have said, or in what manner he or any other grand juror may have voted on a matter before them.

Sec. 44. A member of the grand jury may however, be required by any court to disclose the testimony of any witness examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witnesses before the court, or to disclose the testimony given before them by any other person upon a charge against him for perjury, in giving his testimony, or upon his trial therefor.

Sec. 45. A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury, relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty in making an accusation, or giving testimony to his fellow jurors.