Page:1862 Territory of Dakota Session Laws.pdf/214

CHAP. IX.]

. 155. After the grand jury is impanneled, it shall be the duty of the court to appoint a foreman, who shall have power to swear or affirm witnesses to testify before them; and whose duty it shall be, when the grand jury, or any twelve of them, find a bill of indictment, to be supported by good and sufficient evidence, to indorse thereon "a true bill;" and when they do not find a bill to be supported by sufficient evidence, to indorse thereon "not a true bill;" and shall in either case sign his name as foreman, at the foot of said indorsement; and shall also, in each case in which a true bill shall be returned into court as aforesaid, note thereon the name or names of the witness or witnesses, upon whose evidence the same shall have been found.

. 156. Before the grand jury shall enter upon the discharge of their duties, the following oath shall be administered to the foreman, to wit:

"You, as foreman of this inquest, do solemnly swear (or affirm, as the case may be,) that you will diligently inquire into and true presentment make of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge touching the present service; you shall present no person through malice, hatred, or ill-will; nor shall you leave any unpresented through fear, favor, or affection, or for any fee or reward, or for any hope or promise thereof; but in all your presentments you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding: so help you God."

And the following oath or affirmation shall be administered to the other jurors, to wit:

"The same oath that A B, your foreman, has just taken before you on his part, you and each of you shall well and truly keep and observe on your respective parts: so help you God."

. 157. No grand jury shall make presentments of their own knowledge, upon the information of a less number