Page:1862 Territory of Dakota Session Laws.pdf/386

CHAP. L.] . 13. Before the justice has heard any testimony upon the trial, the defendant may demand a jury, which in all cases shall be allowed.

. 14. If a trial by jury be demanded, the justice shall direct any peace officer of the county, to make a list in writing of the names of twelve inhabitants of the county, having the qualifications of jurors in the district court, from which list the prosecutor and defendant may each strike out three names.

. 15. In case the prosecutor or the defendant neglect or refuse to strike out such names, the justice shall direct some disinterested person to strike out the names for either or both of the parties so neglecting or refusing; and upon such names being struck out, the justice must issue a venire directed to any peace officer of the county, requiring him to summon the six persons whose names remain upon the list, to appear before such justice at the time and place named therein, to make a jury for the trial of the cause.

. 16. The officer to whom such venire is delivered must forthwith summons such jurors, and return the venire to make the justice, within the time therein specified, naming the persons summoned and the manner of service.

. 17. The names of the persons returned as jurors shall be called by the justice, and if upon any such call any of the persons so named do not appear, or are challenged, or set aside for any cause, such further number must be summoned as will make a jury of six, after all legal challenges have been allowed.

. 18. This same challenge may be taken by either party to any individual juror as on the trial of an indictment for a misdemeanor, but no challenge to the panel is allowed.

. 19. If the officer by whom the venire is received, do not return it as required, he may be punished by the justice as for a contempt, and the justice shall issue a new venire for the summoning of the same jurors, upon which the same proceeding shall be had as upon the one first issued.

. 20. When six jurors appear and are accepted, they shall constitute the jury.

. 21. The justice must thereupon administer to them the following oath or affirmation: "You and each of you