Page:1862 Territory of Dakota Session Laws.pdf/357

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. 61. In all civil actions, after the appearance of the jury of six men. defendant, and before the court shall proceed to inquire into the merits of the cause, either party may demand a jury to try the action, which jury shall be composed of six good and lawful men, having the qualifications of electors, unless the parties shall agree on a less number. When a jury is demanded, the trial of a cause must be adjourned until a time fixed for the return of the jury. If neither party desire an adjournment, the time must be determined by the justice, and must be on the same day, or within the next two days; the jury must be immediately selected as herein provided.

. 62. The justice shall write in a panel the names of twelve persons, citizens of the county, from which the defendant, his agent or attorney, shall strike one, and so alternately, until each shall have stricken three names, and the remaining six shall constitute the jury to try such case; and if either party neglect or refuse to aid in striking the jury as aforesaid, the justice shall strike the same in behalf of such party.

. 63. The justice thereupon shall issue a summons for the jury, in which the following form shall be observed in substance as near as practicable:

To, constable of county:

You are hereby commanded to summon to appear before me at, in said county, on the  day of , , at  o'clock in the  noon, to serve jurors in a case pending before me, then and there to be tried. And this they shall in nowise omit. And have you then and there this writ with your doings thereon.

Given under my hand this day of,.

, Justice of the Peace.

. 64. The constable shall serve such summons by a personal service thereof, and return the same indorsed with the names of the persons summoned, at the time appointed for the trial of the case. Jurors, for neglecting to attend when