Page:1887 Compiled Laws of Dakota Territory.pdf/1189

Powers of Grand Jury. appointed is discharged or excused before the grand jury are dismissed.

§ 7205. The following oath must be administered to the foreman of the grand jury:

You, as foreman of this grand jury, shall diligently inquire into, and true presentment make, of all public offenses against this territory, committed or triable within this county (or subdivision), of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows, and of the territory, and will not, except when requirerl in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You shall present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor or affection, or for any reward, or the promise or hope thereof; but in all your presentments, or indictments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding. So help you God.

§ 7206. The following oath must be immediately thereupon administered to the other grand jurors present:

The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part. So help you God.

§ 7207. The grand jury, being impaneled and sworn, must be charged by the court. In doing so, the court must give them such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court, or likely to come before the grand jury.

§ 7208. The grand jury must then retire to a private room, and inquire into the offenses cognizable by them.

§ 7209. The grand jury must appoint one of their number as clerk, who must preserve minutes of their proceedings, except of the votes of the individual members, and of the evidence given before them.

§ 7210 On the completion of the business before them, or whenever the court shall be of opinion that the public interests will not be subserved by a further continuance of the session, the grand jury must be discharged by the court; but whether the business be completed or not, they are discharged by the final adjournment of the court.

§ 7211. The grand jury has power, and it is their duty to inquire into all public offenses committed or triable in the county or subdivision, and to present them to the court, either by presentment or indictment, or accusation in writing.

§ 7212 A presentment is an informal statement in writing by the grand jury, representing to the court that a public offense has been committed, which is triable in the county or subdivision, and that there is reasonable ground for believing that a particular individual, named or described, has committed it.

§ 7213. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense.

§ 7214. The foreman may administer an oath to any witness appearing before the grand jury.