Page:1862 Territory of Dakota Session Laws.pdf/387

370 do swear) or you do solemnly affirm, as the case may be), that you will well and truly try the issue, between the territory of Dakota and the defendant, and a true verdict give according to the evidence."

. 22. After the jury are sworn they must sit together and hear the proofs and allegations of the parties, which must be delivered in public, after which they may either decide in open court or retire for consideration.

. 23. If they do not immediately agree upon a verdict, they must retire with the sheriff of the county, or some constable, if either such are in attendance upon the court, or in their absence, with some person appointed by the justice who shall be sworn to the following effect: "You do swear that you will keep the jury together, in some private place, without food or drink, unless otherwise ordered by the court; that you will not permit any person to speak to them, nor speak to them yourself, unless it be to ask them whether they have agreed upon a verdict, and that you will return them into court when they have so agreed."

. 24. When the jury have agreed on their verdict, they must deliver it publicly, to the justice, who shall enter it on his docket.

. 25. The jury must be kept together after the case is submitted to them, until they have agreed upon and rendered their verdict, unless for good cause the justice sooner discharge them.

. 26. If the jury be discharged as provided in the last section, the justice may proceed again to the trial in the same manner as upon the first trial, and so on till a verdict is rendered.

. 27. When the defendant pleads guilty, or is convicted, either by the justice or by a jury, the justice shall render judgment thereon of fine or imprisonment, as the case may require, being governed by the rules prescribed for the district court, as far as the same are applicable, in rendering such judgment.

. 28. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied.

. 29. When the defendant is acquitted, either by the justice or by a jury, he must be immediately discharged.

. 30. When the defendant is acquitted the justice