Page:1862-63 Territory of Dakota Session Laws.pdf/148

Rh 8. If the offense charged, be punishable with death, the entertaining of such conscientious opinions, as would preclude his finding the defendant guilty, in which case he shall neither be permitted nor compelled to servo as a juror.

Sec. 24. A challenge for actual bias, may be taken for the cause mentioned in the second subdivision of section twenty-two in chapter twenty-eight, and for no other cause.

Sec. 25. An exemption from service on a jury, is not a cause of challenge, but the privilege of the person exempted.

Sec. 26. In a challenge for implied bias, one or more of the causes stated in section twenty-three in chapter twenty-eight, must be alleged; in a challenge for actual bias, the cause stated in the second subdivision of section twenty-two in chapter twenty-eight, must be alleged; in either case the challenge may be oral, but must be entered upon the minutes of the court.

Sec. 27. The adverse party may except to the challenge, in the same manner as to a challenge to a panel, and the same proceedings must be had therron, as prescribed in sections eight, nine and ten, in chapter twenty-five, except that if the exception be allowed, the juror must be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge.

Sec. 28. If the facts be denied, the challenge must be tried as follows:

1. If it be for implied bias, by the court;

2. If it be for actual bias, by triers.

Sec. 29. The triers must be three impartial persons not on the jury panel, appointed by the court. All challenges for actual bias must be tried by the triers thus appointed, a majority of whom may decide.

Sec. 30. The triers must be sworn generally to inquire whether or not the several persons who may be challenged, and in respect to whom the challenges shall be given to them in charge, are true, and to decide the same according to evdidence.

Sec. 31. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness, to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein.