Page:1862-63 Territory of Dakota Session Laws.pdf/142

Rh ner as is by law provided for the choosing, election, drawing and summoning of the grand jury.

Sec. 5. It shall and may be lawful for the judge of the district court, in any of the organized counties of this territory to order a less number of petit or trial jurors than thirty-six to be summoned to attend the sessions of said court, and such order made and filed in the clerk's office of the proper county, shall be deemed sufficient authority to the clerk to issue a venire for the number mentioned in such order: Provided, that the number shall not be less than twenty-four; and provided further, that if no order shall have been ma:le at least fifteen days before the sitting of such court, the clerk shall proceed to draw thirty-six in number.

Sec. 6. At the opening of the court, the clerk must prepare separate ballots, containing the names of the persons returned as jurors, which must be folded as nearly alike as possible, and so that the name cannot be seen, and must deposit there in a sufficient box.

Sec. 7. When the indictment is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and that an attachment issue against those who are absent; but the court may, in its discretion, wait or not, for the return of the attachment.

Sec. 8. Before the name of any juror is drawn, the box must be closed, and shaken so as to intermingle the ballots therein, the clerk must then, without looking at the ballots, draw them from the box, through a hole in the diil, so large only as conveniently to admit the hand.

Sec. 9. When the jury is completed, the ballots containing the names of the jurors sworn, must be laid aside, and kept apart from the ballots containing the names of the other jurors, until the jury so sworn is discharged.

Sec. 10. After the jury are so discharged, the ballots, containing their names, must be again folded and returned to the box; and so on, as often as a trial is had.

Sec. 11. If a juror be absent, when his name is drawn, or be set aside, or excused from serving on the trial, the ballot containing his name must be folded, and returned to the box, as soon as the jury is sworn.