Page:1862-63 Territory of Dakota Session Laws.pdf/186

 of either party, or of his refusal to strike out, the justice shall strike out of the said list six names, and shall thereupon issue a venire facias, requiring the officer to summon the six persons whose names remain upon the above mentioned list, to appear at the time and place therein mentioned, to serve as jurors for the trial of the cause named in said venire facias: Provided, That if any of said jurors shall not attend, at the time so summoned to appear, or in case there should be legal objections raised to any of those who shall appear, it shall be the duty of the officer to summon a sufficient number of talesmen to supply the deficiency. The jury so selected shull take the following oath or affirmation; “You and each of you do solemnly swear (or affirm) that you will well and truly try the matter of difference between, plaintiff, and , defendant, and true verdict give according to law and the evidence given to you in court, so help you God;"’ and after having been sworn they shall sit together and hear the several proofs and allegations, of the parties, which shall be delivered in public in their presence. And to each witness on any trial, the justice shall administer the following oath (or affirmation,) to wit:  "You do swear in the presence of Almighty God (or affirm,) that the evidence you shall give in this matter of difference between , plaintiff, and , defendant, shall be the truth, the whole truth, and nothing but the truth, so help you God;" and after hearing the proofs and allegations, the jury shall be kept together in some convenient place, until they all agree upon a verdict, or be discharged by the justice; and for which purpose a proper officer shall be sworn or affirmed, to whom the said justice shall administer the following oath, to wit:  "You do swear in the presence of Almighty God, that you will, to the utmost of your ability, keep every person sworn in this inquest together, in some private convenient place, without drink, except water; you will not suffer any person to speak to them, nor speak to them yourself unless by order of the justice, except it be to ask them whether they have agreed on their verdict, or are discharged by the court, so help you God." And when the jurors have agreed on their verdict, they shall deliver the same to the justice, in the same court, who is hereby required to give judg-