Page:1862-63 Territory of Dakota Session Laws.pdf/143

134 Sec. 12. When by reason of challenge, or otherwise, a sufficient number of jurors duly drawn and summoned, cannot be obtained for the trial of any cause, civil or criminal, the court shall cause jurors to be returned from the by-standers, or from the county at large to complete the panel.

Sec. 13. The jurors so returned from the by-standers, shall be returned by the sheriff or his deputy, or by a coroner, or by any disinterested person appointed therefor by the court.

Sec. 14. The persons so returned shall be such as are qualified and liable to be drawn as jurors, according to the provisions of law.

Sec. 15. The jury consists of twelve men, chosen by lot, as prescribed in this chapter, and sworn to try and determine the issue by an unanimous verdict.

Sec. 16. If a sufficient number cannot be obtained from the box to form a jury, the court may, as often as is necessary, order the sheriff to summon so many persons, qualified to serve as jurors, as it deems sufficient to form a jury, the jurors so summoned must be called from the list returned by the sheriff, and so many of them, not excused or discharged, as may be necessary to complete the jury, must be impanneled and sworn.

Section 1. The clerk must prepare a calendar of the indictments pending to be tried at the term, enumerating them according to the date of the filing of the indictment, and specifying opposite to the title of each section, whether it be for a felony, or a misdemcanor, and whether the defendant be in custody or on bail, and must in like manner enter therein all indictments found during the term, and on which issues of fact are joined.