Page:1862-63 Territory of Dakota Session Laws.pdf/149

140 Sec. 32. Other witnesses may also be examined on either, side; and the rules of evidence applicable to the trial of other issues must govern the admission or exclusion of testimony on the trial of the challenge.

Sec. 33. On the trial of a challenge for implied bias, the court must determine the law an 1 the fact, and must either allow or disallow the challenge, and direct an entry accordingly upon the minutes.

Sec. 34. On the trial of a challenge for an actual bias, when the evidence is concluded, the court must instruct the triers that it is their duty to find the challenge true, if the evidence establishes the existence of a state of mind on the part of the juror in reference to the case, or to either party, which satisfies them, in the exercise of a sound discretion, that he cannot try the issụe impartially, and without prejudice to the substantial rights of the party challenging; and that, if otherwise, they must find the challenge not true. The court can give them no other instruction.

Sec. 35. The triers must thereupon find the challenge either true or not true; and their decision is final. If they find it true, the juror must be excluded.

Sec. 36. All challenges to an individual juror, except peremptory, must be taken first by the defendant, and then by the United States; and either party must exhaust all their challenges before the other begins.

Sec. 37. The challenges of either party need not all be taken at once; but they may be taken separately, in the following order, including in each challenge, all the causes of challenge, belonging to the same class :

1. To the panel;

2. To an individual juror, for a general disqualification;

3. To an individual juror for implied bias;

4. To an individual juror for actual bias.

Sec. 38. If all the challenges on both sides be disallowed, the defendant may still take a peremptory challenge, unless the peremptory challenges be exhausted.

Sec. 39. The following oath shall be administered to all jurors for the trial of criminal cases not capital, “You shall well and truly try the issue between the United States and the de-