Page:1862 Territory of Dakota Session Laws.pdf/393

376 and the persons whose names are drawn shall be the petit jurors.

. 5. The clerk shall, on the day of the drawing aforementioned, issue an order to the sheriff, deputy-sheriff, or coroner, as the case may be, commanding him to summon the persons whose names are drawn to appear before the district court, at or before the hour of eleven o'clock, on the morning of the first day of the term (stating in the order the day of the week and month, and the place of the sitting of the court), to serve as grand jurors, and a like order commanding the sheriff, deputy-sheriff, or coroner to summon the petit jurors.

. 6. The sheriff, deputy-sheriff, or coroner, having received the order, shall, at least five days before the first day of the session of the court, serve upon each person whose name was selected and drawn as grand juror, a true copy of the command, except that the copy shall contain only the name of the grand juror served, and not the name of any other grand juror; and the sheriff, deputy-sheriff, or coroner shall, at least five days before the first day of the session of the court, in like manner summon each person whose name was selected and drawn as petit juror, and such service shall be made by reading or delivering the copy to the person to be summoned, or by leaving the copy at his residence.

. 7. Each grand juror and petit juror summoned, shall appear before the court on the day and at the hour specified in the summons, and shall not depart without leave of court.

. 8. If all the persons summoned as grand and petit jurors do not appear before the court, or if by any cause the panel of grand jurors or petit jurors is not complete, the court may order the sheriff, deputy-sheriff, or coroner to summon, without delay, good and lawful men, having the qualifications of jurors, and the person summoned shall forthwith appear before the court, and, if competent, shall serve on the grand jury or petit, as the case may be, unless such person may be excused from serving or lawfully challenged.

. 9. It shall be the duty of the county commissioners in selecting and furnishing to the clerk the names of persons qualified to serve as grand or petit jurors, so to select and arrange that no one person shall serve on the jury a second