Page:1862 Territory of Dakota Session Laws.pdf/392

CHAP. LII.] and being over the age of twenty-one years, and of sound mind and discretion, and not being judges of the supreme court or district courts, clerks of the supreme or district courts, sheriffs, coroners, or jailers, or subject to any bodily infirmity amounting to a disability, and who have not been convicted of a criminal offence punishable by imprisonment in the penitentiary, and are not subject to disability for the commission of any offence which by special provision of law does or shall disqualify them, are and shall be competent persons to serve on all grand and petit juries within their counties respectively: Provided, That persons over sixty years of age, ministers of the gospel, probate judges, county commissioners, registers of deeds, licensed attorneys, practising physicians, postmasters or assistant postmasters, and carriers of the United States mail, shall not be compelled to serve as jurors.

. 2. In each of the counties of this territory wherein a district court is appointed or directed to be holden, the county commissioners of the county shall, at least fifteen days jury, before the first day of the session of the court, meet togetheror any two of them may meetand select sixty persons, possessing the qualifications prescribed in section one, and as nearly as may be, a proportionate number from each precinct in the county, and shall, within five days thereafter, furnish to the clerk of the district court of the county, or his deputy, a list of the names of the persons selected.

. 3. The clerk or deputy clerk receiving the names, shall write the name of each person selected on a separate ticket, and place the whole number of tickets in a box or other suitable and safe receptacle, and shall preserve the list of names furnished by the commissioners, in the files of his office.

. 4. The clerk of the district court or his deputy, and the sheriff, or, if there is no sheriff, the deputy-sheriff, or, if there is no deputy-sheriff, or if there is no sheriff or deputy-sheriff, the coroner of the county shall, at least ten days before the first day of the session of the district court, meet together and draw by lot out of the box or receptacle wherein shall be kept the tickets aforesaid, sixteen names, and the persons whose names are drawn shall be grand jurors, and the clerk and sheriff shall then draw twelve additional names,