Page:1862-63 Territory of Dakota Session Laws.pdf/147

138 2. A want of any of the qualifications prescribed by the laws to render a person a competent juror;

3. Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as render him incapable of performing the duties of a juror.

Sec. 22. Particular causes of challenge are of two kinds:

1. For such a bias, as when the existence of the facts is ascertained in judgment of law, disqualifies the juror, and which is known in this statute as implied bias;

2. For the existence of a state of mind on the part of a juror, in reference to the case, or to either party, which satisfies the triers, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this statute, as actual bias.

Sec. 23. A challenge for implied bias, may be taken for all or any of the following causes, and for no other:

1. Consanguinity, or affinity within the ninth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant;

2. Standing in relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense, or on whose complaint the prosecution was instituted, or in his employment on wages;

3. Being a party adverse to the defendant in a civil action, or having complained against, or been accused by him in a criminal prosecution;

4. Having served on the grand jury which found the indictment, or on a coroner's jury which inquired into the death of a person, whose death is the subject of the indictment;

5. Having served on a trial jury, which has tried another person for the offense charged in the indictment;

6. Having been one of a jury formerly sworn to try the same indictment, and whose verdict was set aside, or which was discharged without a verdict, after the cause was submitted to it;

7. Having served as a juror, in a civil action, brought against the defendant, for the act charged as an offense;